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40 »*••', ^ 



5yTi[ CoNGKESs, ) SENATE. JDocu.mknt 

M Session. \ I No. 259. ' 



EASTER N CI I E R ( ) K E ES . 



Mr. Clapp j)i'os('nl('(l the follow iiij 



MEMORIAL OF THE EASTERN CHEROKEES, SUBMITTING A CER- 
TAIN PROPOSED AMENDMENT TO THE INDIAN APPROPRIA- 
TION BILL. 



J.4XUARY ;iO, 1907. — Ordered to l)o printed. 



Janu.miy 21, 1907. 
Sir: In compliance with instructions from the permanent council 
of the Eastern Chcrokees in the Indian Territory, we hereby re.>^pect- 
fully ask the enactment of the following; amendment to tfie Indian 
appropriation bill now under consideration, to wit: 

1. Thai the Secretary of the Interior is herel)y din-eted to pay out of the sum allowed 
to the Eastern Lherokees under the judginenl of the Supreme Court, October term 1905, 
to those individuals and councilors entitled to the same under resolutions of Aj ril 29, 
1901, and May 11, 190(), of the permanent council of the Eastern Chcrokees and the 
order of said council of August 17, 1900, the sum of §-1,405. 

2. That the Secretary of the Interior is hereby directed to pay out of the sum awarded 
to the Eastern Chcrokees under the jutlgment of the Supreme Court of the United 
States, October term 1905, to those indi^'iduals composing the executive committee 
of the Eastern Cherokees as follows, to-wit: 

To David Muskrat ?6. 000 

To Levi B. Gritts 6. 000 

To Frank J. lioudinot (i. 000 

To J. Henry Dick, interpreter G, 000 

In all 24. 000 

In support of the above request we attach hereto a complete trans- 
cript of the minutes of the proceed higs of the permanent council of the 
Eastern Cherokees. The sum of 84,405 is tlie atjgreptte amount due 
the members of the Eastern Cherokee council according to the action 
of said council thereon; the names of the councilors, mind)er of days' 
service, and amoimts due to each being set out in detail on the last 
two pages of the transcript of procecilings. The amounts are 
extremely reasonable. As a matter of fact, the}- are far less than the 
actual sums expended by these members for their personal expenses 
in attending the councils of the Eastern Cherokees. 

As to the amendment asked providing for pay for the members of 
the executive committee of the Eastern Cherokees. it is believetl by us 
that the amount asked is also extremely reasonable. The committee 
were actively engaged during the major portion of alxnit six years in 
the Indian Territory and Washington. D. C, in their oflicial capacity 
as such executive committee. We believe that SI ,000 per year should 
be paid, they having defrayed all of their expenses in the dozen or so 



2 K A ST !•: K X C J 1 1-. KO K KKS. 

trips thoy have iiiadc (lurin<!; tlu- toiin of their service to Washington 
City from the Indian Territory, and also all their own expenses in 
attending the meetings of the councils at home. 

David Muskrat. 
Frank J. Boudinot. 
J. Henry Dick, Interpreter. 
Levi B. Gritts. 
Ivxicutive Committee Eastern Cfierokees. 
lion. Moses E. Clapp, 

ChairriKni SeiKife Committee on Indian Affairs. 



January 18, 1907. 

.Sik: The und(>rsigned, representative of the Eastern Cherokees in 
Indian Territory, in compliance with instructions of the permanent 
council of said Cherokees hereafter referred to, respectfully lepresent 
as follows: The Eastern Cherokees in Indian Territory claimed a large 
sum of money was due from the United States, to wit, $1,111,284.70, 
with interest thereon at 5 per cent per annum from June 12, 1838, until 
paid, due under the treaties of 1835 and 1846. The Cherokee Nation, 
a political organization, also claimed the said sum of money and 
opposed the claim of the Eastern Cherokees. In order to prosecute 
their claims in an orderly manner and to employ attorneys for that 
purpose, the Eastern Cherokees met in general convention on the 14th 
day of February, 1900, and adopted resolutions fully setting forth the 
grounds of their said claim against the United States and providing 
the manner for the collection of the same in their own behalf. 

On the 3d day of the following April, 1900, another general conven- 
tion of the Eastern Cherokees in Indian Territory met and established 
the permanent council of the Eastern or Emigrant Cherokees and for- 
mally ratified the contract theretofore, to wit, on February 24, 1900, 
entered into by and between the executive committee of the Eastern 
Cherokees and John Vaile, of Fort Smith, Ark., providing for the col- 
lection of their said claim. The tedious, valuable work done by the 
said ('xecutive connnittee and the attorneys employed by them during 
the years 1900 and 1901 is a matter of public rtK'ord in the documents 
of C'ongress. After the enactment of the law of March 3, 1901, making 
all Indians in Indian Territory citizens of the United States, the East- 
ern Cherokees, by their executive committee, again entered into a simi- 
lar contract for the collection of their claim with the same attorne}^, 
»John Vaile. On the 4th of September, 1901, pursuant to call pub- 
lished in the ne\vsj)apers the permanent council of the Eastern Chero- 
kees again met and accepted, i-ati(ied. and conlirmed the said contract 
by unanimous vote of the council. 

On the 2Sth day of April, 1904, pursuant to regular call the perma- 
nent council of the Eastern Cherokees again met and, among other pro- 
ceedings, j)assed a resolution providing for payment for the services of 
the members of the permanent council of Eastern Cherokees in Indian 
Terril ory . 1 1 will be noted that the amount provided per diem for the 
members was So, and provision was also made for allowing time for 
coming from and returning home. The successful termination of the 
prosecution of this large claim by the Eastern Cherokees through 
jillorneys employed, as fully shown in the exhibit hereto attached, is 



f£8 26 1907 
D.ofD. 



%''' 



F,A8'ri;i{N CII KII(H\KKS. 3 



t)l' vcrv recent diile, llie decision in the Sn|)renie ('i>int of llu-l nited 
States in fa vol' of the KasternChefokees Tor the .sum ol ahoul So, 000, 000 
haviiijj; been hantUnl <h>\\n hist spiin*;, 1 '.)()(». 

After the said decision on the 10th (hiy of May. llXXi, pursuant to 
reguhir call, the Eastern (Mierol<<'es met a;,'ain and |)rovi<h'd, amoii{;j 
otner tilings, that — 

(\)ii<;rc.'JEi is licri'l))' pt'titioncil to uutlmiix.i' the ('(Hiil ol Claim.-- lo allow a rc-a.sonal)lc 
fee to the nu'inlx'r.s of our executive coniuiittee and inlerpreli-r anil (he other odiccrH of 
llie Ka.-^tern or I'luiiriaiil ClKToUecs for their .services in the .succe.ssful niana(,'e!iHMil of 
iliis great ca.^i'. 

On the loth (hiy of Aiio;ust, 1 !»()(>, at the annual se.s.sion of the |)er- 
luanenl ooiineil of Kastern ("herokees tlie secretary of said coinniittee 
was or(U>red to certify the time of services foi- olliceis and nieinhers 
acconling to resohitions tlieretoforc passed, as follows: 

Richard M. Wolfe $J, (HK) 

Heirs of Daniel RodWird, deceased '-50 

Heirs of Wolfe < oon, deceased 1-5 

George ruiuukin, ("hoteau 15 

(leorgi' ( ilass. I-^ )yil 15 

Johnson Manning, Tahlequah 125 

William Kul)ands, Tahlequah 15 

W yly r.olin, Bunch <iO 

Cliarlev (lettingdown. Stilwell 100 

Charley Hendal)out, Stilwell 100 

Lincoln En<j:land. Harron 125 

Oce Dew. talile(iuah <>0 

Robert M(>igs. Tahlequah 125 

Gilbert Ross, Vera 50 

William Glorv. Tahlequah 15 

Tom Blair. Tahlequali 50 

Blue Downing. Locustgrove 50 

Jim Hildebrand. Zena 150 

Eli Snell. South We.^t City, Mo 95 

Peter Doul)lehead, Stilwell f'O 

Youngdeer. Oaks 30 

Chiiie Wilson . Locustgiove 30 

Joe Fox. South West Citv, Mo 65 

Bill Maukiller. Stilwell ." 30 

George Duck. Stilwell 45 

Candy Mink. Stilwell 30 

Stealer Swimmer. Tahleqiuih 40 

Price Cochran, llulbert 50 

John Hicks, Gideon 120 

John Shar}). Tahlequah 15 

Dick Agent , Moody 45 

Lewis Crapo, Campliell '5 

Lewis Beamer, Moody '-^ 

Nick Comingdeer, Tahlequah 125 

Wilson Coming, Peggs 30 

Soldier Tolen . Braggs 40 

Jackson Redbird. Stilwell °0 

John Tehee. Tahle<iuah 45 

Paul Glass. Talilequah '"^ 

Lige Hildelirand. Zena ^ 

John Grass, Catoosa - ^^ 

Wm.. J. McKee, Tahlequah '& 

John C. Duncan, Ochelata J^O 

Wallace Ross. Chelsea l^V 

James W. Duncan. Tahlequah '^ 

Jesse Redbird. Stilwell ^; 

John Silk, Maple ^V 

Hon. Jas. M. Keys, Pryor Creek ^^'^ 

Total 4.405 



4 EASTERN CHEROKEES. 

J respect lully ask in hcliaH' of llie members of the Eastern Cherokee 
council in Indian Territory that a recommendation be made providing 
for their pav according to the amounts set opposite their names in the 
last-named resohition. The amoimts asked would not coyer their 
actual expenses j^aid out, and while there is no liabihty of either the 
Government or the Eastern Cherokees, technically speaking, I respect- 
fully sid)mit that this people have actually done a great service to the 
whole body of Eastern Cherokees and they should be paid. Ihe post- 
ollice address of each meml)er is given, and where the post-office may 
not be given Tahlequah will be the correct place. 

A copy of the proceedings of the minutes of all the meetings and 
resolutions of the permanent Cherokee council is attached hereto as 
"Exhibit A." 

I should be very grateful to know that these people might be paid, 
but before asking Congress to provide for them I w^ould like to have 
your views on the matter. 

Very respectfully, Frank J. Boudinot, 

Secrt'iary Eastern Clierokee Council. 

lion. Moses E. Clapp, 

Chairman Senate Committee on Indian Affairs, 

WasJiingto?}, D. C. 

January 21, 1907. 
I know of llic above services and cordially approve the very reason- 
able request of the council. 

\'ery respectfully, Robt. Z. Owen, 

Attorney Eastern Cherokees. 



Proceedings of the council on convention of the Eastern or Emigrant 
Cherokees, so-called, of the Cherokee Nation, assembled at Big 
Tuckers Springs, near Tahlequah, in the Cherokee Nation, on the 
14th day of February, A. D. 1900, under authority of article second 
of the treaty of 1846, by and between the United States of America 
and the Eastern or Emigrant Cherokees and the other two parties 
into which the Cherokee Nation was then divided, for the purpose 
of carrying out the treaty of 1846 in the matter of the rights guar- 
anteed to them by said treat}^, and for other purposes. 

Pursuant to call duly issued by the head captain of the Keetoowah 
Society of the Cherokee Nation, who arc representatives Eastern or 
Emigi-ant Cherokees, and notices published in the Fort Gibson Post 
and olhei- newspapers of general circulation in the Cherokee Nation, 
and under authority of the reservation made in the second article of 
the treaty of 1S46 to them, as one of the "parties" which negotiated 
andconeliided the said treaty with the United States, the Eastern or 
Emigrant Cherokees of the Cherokee Nation, assembled in general 
convention at liig Tuckers Sjmngs, near Tahlequah, Cherokee Nation, 
on the 1 nh day of February, A. D. 1900, for the purpose of canying 
out that treaty in regaixl to the rights of said Eastern or Emigrant 
Cherokees thereunder, and for other purposes. 

At "J o'clock in the afternoon the convention was called to order by 
Hon. Daniel Kedbird, ex-senator of the Cherokee Nation and head 
(taptaiii of ihe Kcel(»o\vah Society, a representative Eastern or Emi- 



EASTERN CIIEROKEER. 



CTant Cherokeo. Hon. David Muskrat, ex-sonatoi- niid lirst assistant 
head captain of the Keetoowah Society, hrielly stated the object of 
the convention as pnhHshed in said notices, to he to provide for the 
collection from the Ciovernnient of the I'liiled Slates of the amount of 
its in(lehtedn(\ss to the Kastein or Kmi^Mant CheroUees. on account of 
moneys j)ai<i h)r the removal of the Eastern or Mmiirrant Cherokees to 
the Indian Territory by said (lovernnuMit and ei'roiieously chaifjcd to 
the So, 000, 000 "treaty fund" a|)|)r()))riated inider the first article of 
the treaty of 1S35 between the United States and the Cherokee Nation 
East; that said indebtedness or balance, whenever it shall have been 
appropriated b}' the Conp;ress of the United States, will be sul)ject to 
distribution per capita amono; said Eastern or Emi<rrant Cherokees 
exclusively, their heirs or lepd representatives. Thereupon the con- 
vention or*2;anized permanently with the follow in<:; ollicers: 

Daniel Kedbird, of Tahl(M|uah district, ex-senator of the Cherokee 
Nation, head captain of the Keetoowah Society of Cherokees. an 
Eastern or Emii:;rant Cherokee, jiresident. 

David Muskrat, of Flint district, and \\'oH' Coon, of (ioin^^ Snake 
district, first antl second assistant head captains of the Keetowah 
Society, both ex-senators of the Cherokee Nation, Eastern or Emigrant 
Cherokees, respectively, first and second assistant presidents. 

Daniel Gritts, of Tahlefjuah district, ex-prosecuting attorney, 
ex-coinicilor, ex-senator, heir to and \o<j:i\\ rej)resentative of Eastern 
or Eniii2;rant Cherokees. secretary (to kecj) records in Chei'okee). 

Fran.k J. Boudinot, of Illinois district, ex-clerk suj)reme court of the 
Cherokee Nation, ex-assistant executive secretary, heir to and leiral 
representative of Eastern or Eniiui-ant Cherokees. secretary (to keep 
records in Eniilish). 

Charles D. Waters, of Tahlecpuih district, ex-pro.secutin;j; attoi-ney 
for said district, heir to and legal representative of P^miirrant or East- 
ern Cherokees, interpreter. 

Whereupon a committee was selected consisting: of the followin*;- 
named persons, all Eastern or Emiui-ant Chei-okees. or their heirs or 
legal representatives, to wit : 



1. John Silk. 

2. Charlos D. Waters (ex-solicitor Talilo- 

(luah district). 

3. Wyly Bolin (ex-councilor i. 

4. Charley Bendobout. 

5. Frank J. Boudinot (ex-clerk supreme 

court, etc.). 

6. Goose Standingdoor. 

7. Lewis Beamer (ex-translator Cherokee 

Advocate). 

8. Henry Saurjohn. 

9. Charles Q. Gourd. 

10. Mike Pritchett (ex-senator and coun- 

cilor^. 

11. Wallace Ross (ex-superintendent na- 

tional seminaries). 

12. Benjamin Walker. 

13. Jim Russell. 

14. Dave Hitcher (^member of senate j. 

15. T. B. Downing (ex-clerk of senate). 

16. John R. Gourd f ex-councilor). 

17. Eli Snell. 

18. Red Bird. 

19. Pickup Wolf. 



211. Daniel (iritts (ex-senatnr and coun- 
cilor). 

21. Sam England (^ex-st)licitor of Going 

Snake district ). 

22. Charley Grittingdown (ex-solicitor 

Flint district). 

23. Jack Soap (memt)er of council i. 

24. Creek Sam (ex-councilt>r). 

25. Nick Cunningdeer. 

26. Oce Di'w (cx-councilor). 

27. Tillman England. 

28. Phillips Bennett (ex-councilor). 

29. Pvoliert Meigs (ex-councih^r). 

30. Alex. D. Waters. 

31. Lincoln England imeinlier of coun- 

cil I. 

32. Blue Sixkillei. 

33. Gill>ert Ro.^vs. 

34. Straler Swimmer. 
.35. George Vam. 

36. William Rogers. 

37. Alex. Hawkins. 

38. John (". Duncan. 

39. Blue Johns<in. 

40. William (llorv. 



6 EASTERN CHEEOKEES. 

Till' saiil toiiiinittct's wiTO instructed and authorized to take into 
consitl(Mation the object of the convention and to prepare the proper 
resohitions for its acconij^hshnient. 

Tlie conunittee then went into executive session with Philhp Ben- 
nett as cluiirinan, Daniel (iritts, Cherokee secretary, Frank J. Boudi- 
not, Enii;lish secretary, and Chas. D. Waters, interpreter. It being 
about G o'clock in the afternoon, the committee adjourned until Feb- 
ruary 15, 1900, to meet at 8 o'clock in the morning. 

General convention grounds, Bug Tuckers Spring, near Tahlequah, 
in the Cherokee Nation, February 15, 1900. 

The committee having in charge the adoption of proper resolutions 
for the accomjilishments of the object of the convention of Eastern or 
Emigrant Cherokees, met pursuant to adjournment at 9 o'clock in the 
morning. 

The chairman was present and presided. The roll was called and a 
majority of the committee answered to their names. After singing by 
the conunittee, prayer was offered by Blue Sixkiller. John R. 
Gourd, a member of the conunittee, was ill and uan])le to attend the 
convention, and Paul Gloss, an Eastern or Emigrant Cherokee, w^as 
appointed in his stead. Will Glor^' and Blue Johnson, Eastern or 
Einigrant Cherokees, were also added to the committee. The roll 
being called again, all the members of the committee were present. 
Upon motion Lewis Beamer was selected as assistant interpreter and 
J. II. Dick was also asked to assist in the proper interpretation of the 
proceedings before the committee. The day was spent in discussion of 
various proposed resolutions, and at 6 o'clock in the evening the com- 
mittee adjourned to meet in the public schoolhouse, on the conven- 
tion grounds, at 9 o'clock on the morning of February 16, 1900. 

Schoolhouse, general convention grounds, Bug Tuckers Springs, neai- 
Tahlequah, Cherokee Nation, February 16, 1900. 

The committee having in charge the adoption of proper resolutions 
providing for the collecticm of moneys due from the United States, 
af)|)()inted by the convention of Eastern Cherokees, met pursuant to 
adjournment. The roll was called and a quorum was present. A 
resolution having been propo.sed, after the same had been read and 
interpreted three several times, and thoroughly discussed at length 
and in detail, the following set of resolutions were adopted and ap- 
{)rove(l by the committee and officers of the convention: 

HKSOM'TIONS. 

Whcr.-ius in a rt-pcri dal.-.l April 28. 1894, .signed l.v .lames A. Shuic and .l^.-^cph T. 
Hfn<l<'r, <luly authorized aeeoimliiij,' a<,'en1s for the (;oveniineiit of the I'nited States. 
app<.inl<'«l under the afrreenieni heiween the United States and the Cheroke(> Nation 
(liite(| Dereinher 1!), I8i)l, and ratified l)y Connjres.s March 3, 189.3. to render to the 
I her<.k<-e NaiioTi a complete acco\int of moneys due under anv of the treaties ratified 
in the year-j 1817, 1819, 1825, 1828, 183.3, 18.35, 18.3(5, 1846, 18(i(J. 1868, and any laws 
pa.K,«ed l.v the Con^rre.^K of (he United States for the purpose of carrying said treaties 
or any of them, into eff..et. u appears thai the United States Government is indebted 
to thr- fuiK . known and descril.ed as the "five-million-dollar treaty fund " appro- 
nnaU-d under the first article of the treaty of 18.35 l.etween the United States and the 
(Ji.Tokee Nation KasI, in the sum of $1,111,284.70, with interest from ,hine 12 1838 
until pairl; and 



EASTERN CHEROKEES. 7 

Whereas said sum ol' $1,1 1 1.L'SI.TO. wiili interest as aforesaid, whenever tlie same 
shall have been apjirnpriated hy the ('onj^ress of the I'niled Stuns, and didy iiltt< ed 
to the credit of the said "treaty fund," will he suhjeel to distrihution ar<or«lin(j; to 
treaty stipulalions only — that is to say. aeeordin^ to. an<l in eoniplian* e witli the 
fifteenth article of tlu- treaty of IS;?.'), which provides that, after dedu<tinj; all proper 
charjres from llie .>*aid .'^5, 000. (KM), "the halance, whatever tin- .-^ame may ix-, shall l>e 
equally divided hetween all the |)eople helon^'in^' to tin- Cherokee Nation Kast." and 
the niiitli article of the treaty of ISli;. wherein it is ."-liiiuhilf d that any lialancc found 
to he due from said live-million "'treaty fund," alter suiitraclinu' all amounts and 
expendituns properly cliar^'caliie thereto, "shall Ix- paid over, pi r capita, in e(|ual 
amounts, to all thos;' individuals, heads of families, or their h>;;d representatives, 
entitle! to re "eive tlie .-lame under tlie treaty tif IS.'Jo. hein^? all tliuHe Cherokees residing 
East at the date of siid treaty and the s\ij)plement thereto; and 

Whereas the Cherokee Nation, as a nation, has no interest or title whatever in or to 
the $1,111,284.70. with interest, due as stated ahove, and has been. mor(;over. ren- 
dered utterly powerless to either collect or disburse the .>ianie for or to the individual 
Cherokees di scribed above, more commonly known and referred to as ""Eastern or 
Emit^rant Cherokees." by the act of Congre.'^s apjiroved .lune 2S, ISiKS. entitle<l. "'An 
act for the protection of "the peoide of the Indian Territory, and for other purposes." 
which provides in arti( le 19 'That no payment of any moneys on any aeeount what- 
ever shall hereafter be made by the I'nited States to any of tlie tribal governments 
or to any oliicer thereof for disbursement, but payments <-f all sums to mend)ers of 
said tribes shall be made under direction of the Secreatry of the Interior by an oliicer 
apiH)intetl l)y him; and per capita ]iayments shall be made direct to each individual, 
in lawful money of the United States: and 

WhcM-eas it is the earnest desire of the "Ea.^tern or Emij^Tant Cherokees" to secure a 
speenly settlement l)y the Government of the United States of its indebte-dness to 
them. hereinbef(ire elescribed, in strict compliance with the agreements and treaty 
stipulations referreel to aluive: 

Therefe)re, by virtue of the authority anel right reserved in the seee.nd artiele- of the 
treaty e)f 1840 between the United States and the people e>f the Che-rokee Naticjn to 
theni as a 'pen-tion" oi the Cherokee people "peaceably to a.s.«emble and petition 
* * * the Government e)f the United States for the redress of grievane-e-s and to elis- 
cuss their rights," and in the exe-rcise of the furtln r right re-serve'el to the-in. in the 
same artie'le anel treaty, to maintain an organization, as erne of the "" i>arties" into whie-h 
the Cherokee Nation was then divided, in so far only as may be ne-cessary to carry out 
the' said treaty. 

Be it resolved, by those persons described in the ninth article of the treaty of 184tj 
between the Unit(?d States and the pe-ople of the Cherokee Nation, their heirs, or le^eal 
representatives, commonly callenl "Eastern or Emigrant Cherokees," that it is the 
opinion and firm belief e>f the said '"Ea-stern or Emigrant Clu-rokec s" that the- tlove-rn- 
ment e)f the United States e)f Amen-ica is justly anel legally inde-bted to tlie-^o (tOO.OOt) 
fund, approjn-iated under the tre-aty of 18.35. known as th<' "treaty funel." in the sum 
of .$1,1 11,284.70. with intere-st on the .-iame al the rate of •"> per ee-nt per annum from 
the 12th elay of June. A. D. 1838. until elate of jjayment. 

Resolved further. Thai it is the e)pinion and linn belief of the "" Easte-rn or Emigrant 
Cherokees." se)le and exelusive beneliciaries of sai<l ""treaty fuml." that in the ae-e-ount- 
ing re-nde^reel April 28. 1894. by Janu's A. Slaele and Jo.>;eph T. I'.endiT. spet"ially 
authorized agents of the Unite-el States, which ae-counting was made in e-omplianee 
with the agreement for the sale of and as a part of the- e-emsieleration for the- Cherokee 
Outlet, the Government of the United States has atknowledged the valielity of its .«ai<l 
inelebtedness in an obligatory anel irrevoe-able manner, and that as a matter of right 
and justice sxid amount of nione-y ought to have- be-e-n ap]<roi)riate-d by Congn-ss long 
ago and distribute^l among .-^aid Cherokee-s ace-ording to stipulations contained in the* 
fifteenth article of the treaty of 1835 and in the ninth article of the treaty eif 18411. 

Resolved further. That the ""Ea.ste'rn or Emigrant Cheroke-es." h(-reinbe-fe)re fidly 
described anel in gene-ral conventicm here- a.«Jse-mbled. do hereby i)osilive-ly a.s<ert that 
they, their he-irs. lawful a.-^signs, or legal representative's are sedely and «-xelusive[y 
the only per.-^ons who will ever be e-ntitled to re-ci-ivi- any part of the saiel $1.1 1 1,"2S4.70 
balance or re'siduumof the .$5,000,000 "ireaiy fund " ai>i>roi)riated umh-r the lr<;aly of 
1835,with iiitere-st as aforesaid, and they do lu-re-by also emplialically di-ny an.l dispute 
the lawful right or authority of the naiional council of the- Cherokee Nation to api)ro- 
priate or promis- anv portion what.-^oe-ver of .^jaid amount, wheihe-r in e-onsieh-ration of 
its eoUectim from the Governme-nt of the- Unit.-d Staters or for any other purixise, 
excepting it be expressly for their bene-lil anel with their eonse-nt or ae'epne-se-e-nee 
thereto. 



8 EASTERN CHEEOKEES. 

Raiol red further. That it is hereby solemnly declared to be the intention, determina- 
tion and lixt'd purposo of the "Eastern or Emigrant Cherokees," sole and exclusive 
iKMK'liciarics of any lialancc, or ri'siduum of the $5,000,000 "treaty fund," which bal- 
ance, or residuum, is now known to be ?1. Ill, 281. 70, with interest as aforesaid, to 
prosecute the collection of the said indebtedness from the Government of the United 
States th(Miiselvos, as such sole beneficiaries, and the only parties in the Cherokee 
Nation r(>ally interested, relying for tlieir authority so to do upon the rights reserved to 
them, as a '■"portion oi the Cherokee people." and as one of the "parties" of the Chero- 
kee Nation, in the second article of the treaty of 1846 between the United States and 
the people of the Cherokee Nation hereinbefore referred to: Therefore 

Bf it further nsolvfd. That the jtresident, first assistant president, and second assistant 
presid(Mit of tliis convention of "Eastern or Emigrant Cherokees/' who are also the head 
captains of the Keetoowah Society of the Cherokee Nation, be, and they are hereby, 
authorized and directed to appoint a committee of thi'ee persons, all to be citizens of 
the Cherokee Nation and members of that class of Cherokees known and herein de- 
scribed as "Eastern or Emigrant Cherokees," which committee, when so appointed, 
shall be known as the "executive committee of the Eastern. oi' Emigrant Cherokees," 
and they sliall have, and lliey are hereby given, full and complete authority, and their 
duty shall 1)0, in the name of and for and in behalf of said "Eastern or Emigrant Chero- 
kees," to do and jxrform every act and thing whatsoever tliat shall be necessary to 
secure the pa^^nent at the earliest possible date, by the Government of the United 
States, of the said siun of $1,111,284.70, with interest from June 12. 1838. until paid, to 
the "Eastern or Emigrant Cherokees." hereinbefore described and now more particu- 
larly designated as being those Cherokees who participated in the per capita distribu- 
tion of ]iart of the said "treaty fund " made by superintendent of Indian Affairs John 
Drennan. in 1852. and whose names appear upon the pay rolls then used, their heirs, 
legal representatives, or lawful assigns. The said "executive committee" shall have 
power, and it is hereby made their duly In request and demand of the United States. 
through the proper channels, and in the name of the "Eastern or Emigrant Chero- 
kees," the i)ayinent of its siiid indebfcdness, and the said committee are hereby espe- 
cially empowered and directed lo contract with and employ attorneys of known 
ability, or other persons of good reputation and recognized influence at Washington, 
D. C, to a.«8ist in the collection of said indebtedness. Said committee, or the person 
or persons whom they may employ to assist them in their labors, shall have, and they 
are hereby given, full authority to represent and act for, and in the name of the ' ' Eastern 
or Emigrant Cherokees." in the matter of the collection of the said indebtedness, 
br-fore any Department or Departments or courts of Ihe United States Government, 
or the committee of Congi'o.ss. 

Resolved further. That there be, and is hereby, set apart of said indebtedness, a sum 
equal to 15 per cent of the total amount thereof, when the saine shall be appropriated 
by the Congress of the United Slates, or so much thereof as may be necessary^ subject 
to a.'^signment and contract of said "executive committee," acting in the name, and 
for and in behalf of the "Eastern or Emigrant Cherokees," all such contracts to be 
anprovcMl hy the Secretary of the Interior according to law (if necessary), for services 
of the- jxTsons said commillee may employ to assist them, as above authorized, and 
to meet and defray all oilier expenses necessarily incurred and incident to, or growing 
out of, the proseculion of .«aid collection: Provided, That any c(mtract concluded by 
said "executive committee," in pursuance of the authority gi"v(>n them herein, assigii- 
in^ or agreeing to assign, or transfer any portion of said J 5 j)(>r cc-iit set aside as afore- 
said, for services in making th(> collection, shall be limited, and .«hall continue in 
forc<! until July 1, I'M',, and no longer; except in case said indebtedness shall have 
then been referred to the United Slates courts or other tribunal frr settlement, then 
and in the event, snch conlracls, a.ssignments, or agreements, shall lie and remain in 
full force and effect: Provided fvrlhrr, That said '^executive committee" shall have, 
and they are herebv, given authorily to pledge or otherwise disjxjse of a portion of said 
15 per cent set aside herein to the extent of one-fifteenth thereof; the sum realized 
from the pledge or disposal of such portion to be used by said "executive committee" 
for the neccwary ex|)en.ses of said committee in carrying out the intent and purposes 
<'Xr»ressed in ihcne nw)lutioiis. 

lie it fiirthvr rrxidval. That said "executive comniiltee" .shall from lime to time, 
at inlervals f.f iioi more lliaii six months, make a detailed report of all their transac- 
tions iiiid.T an<i by virtue of the anthorilv and instructions herein given them, to the 
prc-Hiding olhcer of the " Kaslern or Kmigrant Cherokees." 

lieu further reaoUrd, Thai a certified copy of these resolutions be furnished to each 
member of the said "executive commillee" for their use and information. 



EASTERN CIIEROKEES. 9 

Upon the adoption of the foroj^oin^ resohi lions, hv iikiiIoh duly 
made and carried, the secretaries were ordered (o furnish the |)ress, 
or some newspaper i)id)iishe(l in the ChcroUj'e Nation, with a copy 
thereof for p-,.l)Hcation. 

The presidini:; ollicer of t lie convent ion and his t wo assistants, under 
authority cont'i'rred iij)on them in said I'esoh.tions, appointed David 
Miiskrat, of FHut (Hstrict; Daniel (iritts, of Tahlecp ali district, and 
Frank J. Boi'.iHnot, of IHinois district., citizens of the Cherokee Nation, 
and of tlie chiss designated as "Eastern or "Kmi^'rant Ciierokees," 
as "the executive committee of the Eastern or Enu<^rant Cherokees," 
as authorized therein. 

The pi:rpose for which the convention was called Itein^' accom- 
plished the committee and convcmlion adjt)urne(l, suliject to call of 
the president. 

Witness our hands odicially. 

Dami;l Khduiki), 
President of f /if Council <[f tln' Eastern or I'juujrant Ciierokees 

Frank J. Boudinot, 

Knfflish Secretary. 
C'has. 1). \Vati:ks, 

/nt( rpn t< r. 

DaMKL (iuiTTS. 

Clu rokie Secr(f<iri/. 

I hereby certify tliat the foregoin^^ eijjhteen and one-fourtli pajjes 
of writing, paged 5 to 23 (both inclusive), is a true and correct copy 
of the minutes of the proceedings of the council or convention of the 
Eastern or Emigrant Cherokees of the ('herokee Nation lield on tlie 
14th, 15th, and Hitli days of February. A. D. 1900, at the general con- 
vention grounds near Taldecjuah, in tlie Cherokee Nation, as kept by 
me at the time and as recorded and indorsed by order of said Cherokees 
before the adjournment of said council or convention on the Kith day 
of February, A. D. 1900. I further certify that I am the Englisli 
secretary for the organization of said Eastern or Emigrant Cherokees, 
the custodian of said record, and the proper person to make this cer- 
tificate. I further certify that I have caused the original record, of 
which the foregoing is a copy, to be de))osit(>d in a safe-dej)osit vaidt 
in the city of Washington, D. C. for safe-keeping. 

In witness whereof I hereunto attach mv hand oHiciall\- on this 
the 16th day of March, A. D. 1901 . 

Frank .1. Boi dinot. 
En/flish Secretary ofth Eastern or Emigrant Cherokies. 

CALL OF EASTEHN. nR EMHiK.^NT CHEROKEE <()UNCIL. 

The Eastern or Emigrant Clierukoe council i.-< hereby called to meet on Tue.<<lay, 
April .S, 1900. at the general convention grounds at Bug Tuckep Springs. Tnhlemiah 
district. Cherokee Notion, to receive reports of committee, to di.Kcus.'^ the riglMs fif the 
Eastern or Immigrant Cherokee.^*, and to tnke .-^ueh action relative theieto a.< may he 
found expedient. 

l).\.\n;i- IlEDiinui. 
President fia^ttTH or Kwiqrant ('iirrokre Coiifiril, 
D.\MEI. CiRITTS. 

Strrflnry. 



10 EASTERN CliEROKEES. 

Thf ;il>t)V(' iu)ticr was published in tlie Fort (Jibson Post and in 
thi' TahlcHiuah Arrow, respectively, March 22, 1900, and March 29, 
1900. Four cojjies ol" the papers containing the notice (the Tahlequah 
Arrow of March 22 and 29 and the Fort Gibson Post of March 22 
and 29) I have caused to be deposited with the original records, copies 
i)f which are contained in this book. 

Frank J. Boudinot, 
Secretary of the Eastern, or Emigrant Cherol-ees. 

Copv of contract entered into on the 24th day of February, 1900, 
by and between David Muskrat, Daniel Gritts, and Frank J. Boudinot, 
"executive committee of the Eastern or Emigrant Cherokees," party 
of tlie first part, and Jolui Vaile, party of the second part, under the 
authority of and in compliance with the resolutions of the Eastern 
or Emigrant Cherokee convention and council, adopted on the 16th 
dav of Februarv, A. D. 1900, hereinbefore recorded. 



.' ' 



Contract ' otwccn David Mui^krat. of Flint di^tnct- Daniel Gritts. of Tahlequah dis- 
trict, and Frank J. Bondinot, of Illinois district, the executive committee of the 
Eastern or Emigrant Cherokees. and .Tohn Vaile. of Fort Smith. .\rk.. for the collec- 
tion of certain moneys due the Eastern or Emigrant Clieiokees. 

Know all men by the.'se presents that this contract, made in writing and in duplicate, 
a copy whereof is hereby delivered to each of the contracting parties, witnesses that 
we, David Muskrat, attorney, of Flint district; Daniel Gritts. attorney for Talequah 
district, and Frank J. Boudinot. of Fort Gibson, Illinois di.stricf, attorney at law. all 
being residents of the Cherokee Nation and constituting the "'executive committee 
of the Eastern nr Emigrant <'herokees," under the authority of the convention and 
council of the Fastern Cherokees, by resolution duly passed at Bug Tuckers Springs. 
Cherokee Nation, on the 10th day of February, A. D. 1900, a copy of which is hereto 
attached and made a part hereof, parties of the first part, and .John Vaile, counselor, 
of Fort .*^mith. State of Arkansas, party of tlie second part, contract and agree as fol- 
low.<5, to wit: 

First. This contract is made at Fort Smilli. in tlie State of Arkansas, on the 24tli day 
of February. IflOO, for the purpose of collecling the money due to the Eastern or Emi- 
grant ClH'rokecs under the treaties betwecMi the Cherokee Nation and the United 
Slates, and particularly under the iiftcenth article of the treaty of 1.S35 and the ninth 
article of the treaty of 1846, .^aid nnmey being due by the United States and being 
partir-ularly set forth in the .so-called " Slade-Bender" report, as rendered by them on 
the 2Sth of .\ijril, 1894, and found on page .S2, Executive Document 132," House of 
Representatives. Fifty-third Congress, third session, in the second item of their said 
findings, tcj wit : 

"l'n<ler the treaty of 1835. amount paid for removal of Faslern Cherokees to the 
Indian Territory, improperly diarged to tre.il v fund. >^\.\\ 1.284.70, with interest from 
June I -J. 1838, til dale of payment." 

Said money wiien collected is to l)e disposed of when collected in the manner set 
forth in the ninth article of the treaty of 184() and paid out per capita to the Eastern or 
Emigrant Cherokees or their leg-al representatives, except the fees hereby set apart 
and conti-acled by the parties of the first part to the party of the second part for his 
HerviceH and t!ie services of his as.«ociates or assigns, to wit, the sum of 15 per centum 
of all sums ai)propriated to the use or benelit of the said Eastern or Emigrant Chero- 
keen by the Coti-^ress of the Cnited Stales on account of such claim. Tlie said party 
uf the .•<econ<l part hereby agre<'s to immedialely proceed to the collection of the said 
mon«-y and l<i pay all of the expenses which may be incurred by him or by his associates 
in tlic proHeciiiion of Mie said collection wilhout any expense to the parties of the first 
piirl.and the parlies of the first part do, for valuable consideration, hereby acknowl- 
edged to have been received. herei)y set apart, contract, and assign to the said party 
of the second^ part and his as,sociates or assigns the sum of 15 per centum of any recov- 
eries to the East. Til (,r F,miy;r;int Cherokees as we are authorized to do under the reso- 
lution of the counci! of said Eastern or Emi'j;rant Cherokees as above referred to, and 
the ."Slid parly of the second part is hereby authori/,ed to execute a receipt for the said 
fee of 15 per c<-nliim when the same shall have been appropriated bv the ofhcers of 
the United Slates in the name and on behalf of the said Eastern or Emigrant Chero- 
koc»«. Tlie parly of the second part further expressly agrees that the payment of said 



EASTERN CHEUOKEES. 1 I 

fee 111' 15 pel- I (-11111111 .-hall in\cr .iinl iiiilii<li- .ill rx|>i-ii.si- ni any kind .iml cliai-.u'li-r 
whatever. 

The above contnul shall lie limited in time ami shall innliiiue in furec until July 1, 
1903, and no longer, excej)! in (a.-^e the ([urstion as to said indehtedms** sliall have lieen 
referred to the courts or other trihimal for settlenu-nt, then and in that event Hiieh con- 
tract and assignments or agreements thereunder shall lie aixi remain in full force und 
effect. 

It is further agreed that the i)arty of the si'cond part shall at inlerval.n of six iiionthri 
make a detailed report of the status of the said claim to lie transmitle<l to the president 
of the council of Kastern or Kmigrant Cherokees for the information of the people. 

In witness whereof we do hereto attach our hands and seals on this tin- 21th dav of 
February, 1900, at Fort Smith, Ark. 

Parties of the first part, the executive commiltce oi iln- ila.-iirii nr Kmigrant 
Cherokees: 

David Mimkkat. 
I)ami:i- (ikitth. 
Frank J. Hoi'iunot. 
Party ci' the second part. 

.loiiN Vaii.i:. 

i\tki(1'I{i:ti:i!s' ckhthicatk. 

We, .1. Henry Dick, of Tahlecpiah, and .loseph H. Seipiitchie, of Chelsea, both of 
Indian Territory, herel)y certify that we have carefully interiireted the alM)ve con- 
tract to David Muskrat and Daniel (iritts. and that they fully undei-stand and indorse 
it as drawn in accordance with their direction, and that they sign it of their own free 
will and accord and lor the piu'poses therein set forth. 

Witness our hands this the 24th day of Fei)ruary, 1!H)I). 

.1. lliiNitv Dick. 

JOSKI'H K. SeQI ITCHIE. 

Initeu Statks Distukt for the Western District of Arkansas. Fort Smith: 

This day personally appeared before me the parties to the al)ove contract, to wit, 
David Muskrat. of Flint district; Daniel dritts. of Tahlc(|uah distri( t. and Frank J. 
Boudinot, of Fort (iilison, all of the Cherokee Nation, i)arties >>i the lii-st jiart, anil 
•lohn Vaile, of Fort Smith, Ark., party of the second part, as stated to me at the time, 
who executed the above contract in my presence at the city of Fort Smith, on tlu' 2-lth 
day of February. 1900. all of said parties being jjresenl and executing the sann in per- 
.'ion, said contract having been interpreted to David Muskrat and Daniel (Iritis in iny 
presence, as certified above by J. Henry Dick and .loseph R. Se<iuitchie. The parties 
of the first i)arl claimed to be'authorized as the executive c(.mniiltee i«l the Kasterii or 
Emigrant CluMdkees under the authority of a resolution of the council and convention 
<<i the F.astern or Kmigrant Cherokees held at the general convention grounds at Hug 
Tuckers Springs, near Tahhniuah, Cherokee Nation, on the Kith day of February, 
1900, authorizing them to contract not exceeding 15 ])er cent of any sum t>v sums col- 
lected fir the said Indians. [Copy hereto attached.] 

In witness wherei-f I hereunto attach mv hand on this tin- 21ili day of February. 
A. D. 1900. 

John II . IlodhR.'^, 
United Slates District .ln'ltji- Western District of Arkansas. 

I hereby certify that the foregoing (J} pages of writing, paged 25 to M (both inclu- 
sive), is a true and complete copy of the contract between the Kast<Tn or Kmigrant 
Cheroke(>s of the Cherokee Nation, bv their duly authorized executive committee, 
David Muskrat. Daniel Gritts, and Frank J. Boudinot, and John Vaile. I further 
certify that the original contract is in my jiossession, and that I am the rightful cus- 
todian of the same as the secretary of said executive connnittet; and of the ICasti'rn 
or F'migranl Cherokees, and the proper person to make this certificate. 

In witness wliereof I liereunto attach mv hand olhcially on this the Kith <lay of 
March, A. D. 1901. 

Frank J. Boi dinot, 
SfiTiliini (,f iJii Eastern or Emigrant Chcroi:res 

and nf their Erccntxve Committee. 



12 EASTERN CHEROKEES. 

Proceedings of the convention and the permanent coancil of the 
Eastern Clierokees, so called, as descrihed by article 9 of the 
treaty of 1846, assembled at Bug Tuckers Springs, near Tahle- 
tjuah', in the Cherokee Nation, at the general convention grounds, 
on Tuesday, the 3d day of April, 1900, for the purpose of carrying 
out the treaty of 1846 in the matter of the rights guaranteed to 
them by said treaty, and for other purposes. 

Pursuant to the following call, duly issued by Daniel Redbird, 
presi(UMit of the Eastern Cherokee council, as heretofore organized, 
and Daniel Gritts, secretary, ilated March 13, 1900, and duly pub- 
lished in the Fort Gibson Post and Tahlequah Arrow, and otherwise 
given general circulation throughout the Cherokee Nation, which call 
was in the words and figures following, to wit: 

CALL OF EASTERN OR EMIGRANT CHEROKEE COUNCIL. 

The Eastern or Emigrant Cherokee council is hereby called to meet on Tuesday, 
April 3, 1900, at the general convention grounds at Bug Tuckers Springs, Tahlequah 
district, Cherokee Nation, to receive reports of committees, to discuss the rights of 
the Eastern or Emigrant Cherokees, and to take such action relative thereto as may 
be found expedient. 

Daniel Redbird, 
President Eastern or Emigrant Cherokee Council. 
Daniel Gritts, 

Secretary. 

and the said call of the convention being in pursuance of the author- 
ity of the resolutions passed by the Eastern or Emigrant Cherokee 
convention or coancil of February 16, 1900, which said conA^ention 
or council has been duly called through the authority of Daniel 
Redbird, David Miiskrat, and Wolf Coon, the head captains of the 
Keetoowah Society' of the Cherokee Nation, an organization estab- 
lished for over forty years and representing 15,000 Eastern or Emi- 
grant Cherokees, and the only organization practically composed 
entirely of said Eastern Cherokees, the said committee, under the 
call aforesaid, was called to order at 2 o'clock in the afternoon on 
this the 3d day of April, 1900, at the general convention groimds 
at liug Tuckers Springs, near Tahlequah, in the Cherokee Nation, 
by Daniel Kedbird, president, acting as temporary chairman. 

The convention being opened by business, the following motion was 
oiTered by Mr. Frank J. Boiidinot, of Illinois district: 

Mr. liouDiNOT. Mr. Chairman. I move that this convention do now organize and 
tliat the ofiicera elected at the convention of the Eastern Cherokees on Fel^ruary 14, 
IJKK), be declared the pernuuu^nt oflicers of this convention. 

Siiid motion b(Mng .seconded by Mr. John C. Duncan, of Tahlequah 
district, wiis coiLscnted to without objection by the convention, with 
Daniel Kedbird. of 'i^ddequah district, president; David Muskrat, of 
Flint district, lirsl u.ssistant president; Wolf Coon, of Going Snake dis- 
trict, second assistant |)resident; Daniel Gritts, of Tahlequah district, 
secretary to keep records in Cherokee; Frank J. Boudinot, of Illinois 
district, .secretary to keep records in English; Charles D. Waters, of 
Tahlequah distiict. iuler|)reter. 

Whereupon the follow iug resolution was offered by Mr. Wallace 
Ko.ss, of Tahlequah district, to wit: 

Ik it rrxohffl by thin ronrrntion of the Eastern Chcrokres. That a i)ernuinent organiza- 
tion of the Eastern Cherokees be, and i,'; herel)y, established, to consist of a permanent 
pret-icb-iit. (ifHt and serond awistant presidents, a secretarv to keep records in Cherokee, 



EASTERN ClIEKOKEES. \',i 

and a secretary to kt'i'jjri'cordH in Kiiglisli. and an inlfrprclcr, ami upcrnmutMil tiuincil, 
consisting: of lucinbcrs to bo nominated fnmi i-acli district of tlie ( herokeo Nation liy 
the president of this conveniioii; and tluii tlie present ollicTH of thin convention are 
hereby made tlie prrmaiu-ni olIietTs of .said l/i.-icrn Clierokcc- ((.uiK-il. 

Said resolution liiiviiio; Ix'cii ao^rccd to miniiiiiioiisly l»y lli<- con- 
veniioii, a roc't'ss ol" lort y iiiimilcs was ordered for the |)iir|K)s(' of ;,dving 
the president opi)orttini(y to considt the leaders «d' the several dis- 
tricts for the purpose of a|)pointino; re|)resentative men as nienihers 
of the permanent council from the respective districts and to secure 
members whose futm'e attendance nii^lit he relied on. 

After recess, the convention liavino; heeii called to order, the follow- 
ing-named members were announced as havin<; been a|)pointed by the 
president : 

Cooweescoowee district. — James M. Keys, (leor^'e I'limpUin. .loe K. 
Sequichie, Georixe Glass. John (irass. 

Dehnrare disfrict. — Joe Comin*;, Peter Nick, dim I lildebiiiud. Lin- 
coln Tawie. 

Sali)ie district. — Charley Ketcher, tieor<;e Potatoe, riohn Siiarp. 

Flint district. — Wyly Bolin, Charley Gettingdown, Charley Bend- 
about. 

Sequoyah district. — Thomas Blair, John C. Duncan, Blue Dawning. 

CaiuuUan district. — James Duncan, William Eubanks. \Vall:!ce Koss. 

Going Snal'e district. — Ben Macker, Lincoln l-^lnudaiid, Oce Dew. 

Taldeauali district. — Pliillij) Bennett, Robert Meigs, Alex. Deerin- 
thewater, Gilbert Ross. Will (dory. 

Illinois district. — R. ^L Walker. E. A. Walker, Johnson Manning, 
Frank J. Boudinot. 

Mr. R. M. Walker, member of the Cherokee National Council from 
Illinois district, then sent the following resolution to the president's 
desk and asked that it be agreed to and made a part of the proceed- 
ings, which was done without a dissenting voice, to wit: 

Rcsohition Xo. 2. 

Be it resolved by ths convention of the Eaxtern Chcrokees: Thai the aj)i)oinlnienl8 of 
the propidenl of this convention of olhcers and members of a permanent organization 
of the Eastern Cherokees are hereby ratilied and confirmed as the permanent council 
of the Eastern ( "herokees; and that the said council sliall l)e and is hereby fully author- 
ized and directed to take such steps as shall be found expedient in makin? or approving 
contracts or doins; other things nece.s.«ary to the manatr<'ment and collection of the 
amount due the Eastern (herokees under the iMh article of tlie treaty of 1S4(), and 
under the treaties of 1828, 18.35, 1810, the agreement of 18!»1, the Slade-Bender award, 
and any and all laws in relationship to said treaties or any parts thereof; and the siid 
council shall be, and is hereby, authorized to pasd upon the reports of the executive 
committee heretofore appointed on February 1(J, 1900, which executive committee is 
heW)y confirmed with the authority granted them on that date. 

Frank F. Boudinot, member of the executive committee, thereupon 
stated to the convention that the chairman of the committee, lion. 
David Muskrat, and the other member, Hon. Daniel (iritts. were both 
very ill at their respective homes and could therefore not |)ossibly be 
present, but that the report of said executive committee was fully |)re- 
pared in writing and he was ready to submit the .same to the conven- 
tion. Mr. Boudinot read the report of the executive committee of the 
Eastern Cherokees, including the contract entered into by them with 
Jolm Vaile, of Fort Smith, Ark., for the collection of the amount due 
the Eastern Cherokees from the Government of the I'nited States, 
The convention was highly pleased with the report of the work done 



14 EASTERN CHEROKEES. 

bv tlu' c'.MHUtivt' fonimittee, and tlie president instructed Mr. Boudi- 
not to sulnnit his report to the council of the Eastern Cherokees when 
said council should assemble and be ready to consider the same. 

There Ixmuj: no furtlier business before the convention, upon motion 
duly made by Mr. Geor<2;e wSanders, ex-senator of the Cherokee Nation, 
from Saline "district, which was duly seconded and carried, the con- 
vent ion adjourned sine die. 

MEETING OF THE COUNCIL OF THE EASTERN CHEROKEES. 

The i^ermanent council of the Eastern Cherokees, consisting of the 
following-named members, to wit: 

Cooweescoowee district.— James M. Keys, Eastern Cherokee family; 
George Pumpkin, Eastern Cherokee; Joe R. Sequitcher, Eastern 
CherokcH'-. George Glass, Eiastern Cherokee; John Grass, Eastern 
Cherokee family. 

Delaware district. — Joe Coning, Eastern Cherokee; Peter Nick, 
Eastern Cherokee: Jim Hildebrand, Eastern Cherokee; LincolnTawie, 
Eastern Cherokee. 

Saline district. — Charley Ketcher, Eastern Cherokee; George Pota- 
toe, Eastern Cherokee; John Sharp, Eastern Cherokee. 

Going Siiake district. — Ben Mocker, Eastern Cherokee; Lincoln 
England. Eastern Cherokee; Oce Dew, Eastern Cherokee. 

I'liht district. — Wyly Bolin, Eastern Cherokee; Charley Getting- 
down, E;;stern Cherokee; Charley Bendabout, Eastern Cherokee. 

Tahh(piuli district. — Phillip Bennett, Eastern Cherokee; Robert 
Meigs, Eastern Cherokee; Alex. Deerinthewater, Eastern Cherokee; 
okee; Gilbert Ross, Eastern Cherokee; Will Glory, Eastern Cherokee. 

Sequoyah district. — Thomas Blair, Eastern Cherokee; Jolm C. 
Duncan, Eastern Cherokee; Blue Dawning, Eastern Cherokee. 

Illinois district. — R. M. Walker, Eastern Cherokee; E. A. Walker, 
Eastern Cherokee; Jolmson Manning, Eastern Cherokee; Frank J. 
Boudinot, Eastern Cherokee. 

Canadian district. — James Duncan, Eastern Cherokee; William 
Eul)aiiks, Wallace Ross, Eastern Cherokee, and Daniel Redbird, of 
Tahlc(|uaii district, president, and Fraidv J. Boudinot, of Illinois dis- 
trict, .secretar}^ to keep records in English, having assembled, the 
council was called to order by the president. It being announced 
that Daniel Gritts, secretary to keej) records in Cherokee, and Charles 
1). Waters, interpreter, were both too ill at their homes to attend the 
(•<)UMcil, Joe. R. Sequitchie, of Cooweescoowee district, was selected 
to act as .seci-etary j)r<) tem. to keep records in Cherokee, and William 
Eiibaiiks and ,]. IJenry Dick were made the interpreters of the council. 
Whereupon rc|)orts of couuuittees being in order, and in the absence 
of lion. David Muskrat, chairnum, and Daniel Gritts, member of the 
executive committee, Hon. Frank J. Boudinot, member of the execu- 
tive couuuittee of the ICastei-n Cherokees, submitted the following 
n'[)ort . I o wit : 

GiCNEKAL Convention Grounds, 

Hi I. TlCKKKS SlMMNCS, T.VHLEQUAIl DlSTKUT. ChEROKEE N.\TI0N, 

April ;}. li)()0. 
iiiiii. Damki. Kki)Hmu>, 

I'rntidnit of the EaMrrn I'hirnhf Coininl. 
Siu: In cmpliancc with Uic rcqiiircincnts of a resolution of tlie council of the East- 
ern or Huiit'niiil Cherokees. a(loj)te(l on the IGth day of February, 1900, we, the under- 
Higncd, c'xecutivc committee ol the Eastern or Emi<rrant Clierokees. have the honor 
to make tlie follf)wing report: 



i:a.s'I" !•; K N (11 1-. I id K !■: i-:s. I .') 

liii- 1 iHiiiiiiiiir iu liiij; iiikIci iIm- auiliuiil v innlcrrcd ii|h>ii tliciii liy n-Hiliitioii of 
-anl cduiK il, Iki\ (• fiiiiTcd inid a coiiinut on luliiilf of ilic KasltTii i>r Ki'iiigniiit ('kt'n*- 
kecs. willi .liliii \;iilc, nl I'mi Sniiili. ArU,. in wnnly, fi>riii. ;i?i<l liciin*f<, a** folloWH, 
to wit: 

ContiacI liilwccii l)a\i«i Mu.'^i<iiil . i>i hMiiil dislrnl. l)aiii«l (liiii.s, i,i 'ralilriiualidif^lriri, 
and l''rank,l. r.oiidiiiol. ni lilimpis di.sirici, tlic cxciMilivi" ciiiiuiiiltif uMIh- KaeliTii 
or Kiiii,t;iaiU Clicnikccs, and .loim \ailc, of Fort Sniitli. Ark., for lli<- rollcciioii of «-<t- 

tain moneys due till' I'.a-^tcm or l".inii:i"aiil Clicnikccs. 

Know all men liy tlicsc pnscnis; 

That tliis contract made in writing,' and in duplicate, a copy wliereof is lien-liy deliv- 
ered to each of the contracting parties. wilne.s.«cs that we, Haviil Muskrat. attorney, of 
Flint district. Daniil (iritts. attorney, of 'ralle(|iiah distri<t. and Frank .1. Itoiidi'not. 
of Illinois district, alloiiiey at law. ail heing residents of the Cherokee Nation and con- 
stituting the ■■ Kxei'ntivc cominitlce of the Kaslern or iMnigranI ("lieroki-es" under the 
authority of the convention and council of tiie F.astcrn Clicroket's, hy re,«olntion duly 
passed at Hug Tuckers Springs, Cherokee Nation, on tin- Kith day of Fehriiary, A. 1). 
1900. a copy of which is hereto attached and made a part hereof, partii-sof the lirst part, 
and John Vaile, counselor, of Fort Smith. State of .\rkan.sas. jiarty of the second part, 
contract and agree as follows, to wit : 

First. This contract is made at Fori Smith, in the ,<ialc of .\rkan.<a.-. on the •Jlih day 
of February. HlOO, for tin- purpose of collecting the money due the Kaslcrn or Kmigrant 
Cherokees under the treaties hetween the Cherokee Nation and the I'liitcd Statc.x.and 
particularly under the lifteeiith article of the Inaty of IS;>5 and the ninth article of the 
treaty of 184(). said money being due by the Uidted States and being particularly set 
forth in the .so-called Sladc-Bentlcr report a.s rendered by them on the I'Stli of April, 
1894, and found on page 32. Mou.^je Fxeculive Document No. I8"_'. Fifty-third Coiigre.'v, 
third session, in the second item of their .said findings, to wit : 

'■ Under the treaty of 1835, amount paid for removal of Ea,stern Cherokees to the Indian 
Territory, improperly chargetl to treaty fund. §1.11 1,284.70. with interest from June 12. 
1838, to date of payment.'" 

Said money when collected is to be disposed of when colh'cted in the manner .set 
forth in the ninth article of the treaty of 1846 and paid out iier caj)ita to the Eastern or 
Emigrant Cherokees or their legal represenlaliv" s, excej)! the fee hereliy set apart and 
contracted by the parties of the first part to the party of the second part for his services 
and the services of his associates or assigns, to wit: The sum of 15 per centum of all 
sums appropriated to the use or benefit of the said Kastern or Emigrant Cherokees by 
the Congress of the United vStates on account of such claim. 

The .'Jaid party of the second part hereby agrees to immediately proceed to the cf)l- 
lection of the said money and to })ay all of the expenses which may be incurred by him 
or by his a.«sociates in the })rosecution of the saitl collection without anv expen.^e to the 
party of the first part, and the parties of the first part do, for valuable consideration 
hereby ackiwjwledged to have been received, hereby set apart, contract, and assign to 
the said party of the .second part and his a.^sociates or assigns the sum of 15 i)er centum 
of any recoveries to the Eastern or Emigrant Cherokees, as above referred to, and the 
said party of the second ])art is hereby authorized to execute a receipt for the said 16 
per centum when the same shall have been approi)riated, or execute any other projuT 
releases rcfpiiiH'd liy the ofiicers of the United Stales in the name and on behalf of the 
said Ea.stern or Emigrant Cherokees; the party of the second part further I'Xpreseh' 
agrees that the payment of the said fee of 15 per centum shall cover and include all 
expense of any kind and character whatever. 

The above contract shall lie limited in time and .shall cimtinue in force until July 1, 
1903, and no longer, excejit in case the question as to .^iaid indebtedne.-s shall havi- 
been referred to the courts or other tribunal for settlement, then ami in that event 
such contract and assignments, or agreements thereunder, shall be and remain in fidl 
force and effect. 

It is further agreed that the party of the secimd jiart shall at intervals of six months 
make a detailed report of the status of the .said claims to lie transmitted to the president 
of the council of Eastern or Emigrant Cherokees for the information of the p»'op|e. 

In witne.'S whereof wo do heretoattach our hands and seals on this, the 24th day of 
February, 1900, at Fort Smith, Ark. 

Parties of the fir.st part, the executive committee of the Eastern or Emigrant Ciier- 
okees: 

D.win MrsKR.\T. 
D.\NiEL Gritt.s. 
Fr.\nk J. BoroiNOT. 

I'artv of the second part : 

John V.\ii.e. 



IQ EASTEBN CHEROKEES. 

interpreters' certificate. 

We, J. Heiiry Dick, of Tahlequali, and Joseph R. Sequitchie. of Chelsea, both of 
Indian Territory, herehv certify that we have carefully interpreted the aboye contract 
to David Munknit and Daniel Gritts, and that they fully understand and indorse it as 
drawn in accordance with their direction, and that they sign it of their own free will 
and accord anfl for the purposes therein set forth. 
\Vitn<'ss our hands this 24th day of February, 1900. 

J. Henry Dick. 
Joseph R. Sequitchie. 

United St.vtes District for the Western District of Arkansas, 
Fort Smith: 

This day personally appeared before me the parties to the above contract, to wit, 
David Muskrat. of FJint district; Daniel Gritts, of Tahlequah district, and Frank J. 
BoiKlinot , of Fort Gilison, all of the Cherokee Nation, parties of the hrst i)art, and John 
Vaile, oi Fort Smith, Ark., party of the second part, as stated to me at the time, who 
executed the above contract in my presence at the city of Fort Smith, on the 24th 
day of February, 1900. all of said parties being present and executing the same in 
person, s;iid contract having been interpreted to David Muskrat and Daniel Gritts in 
my presence, as certified above, by J. Henry Dick and Joseph R. Sequitchie. The 
parties of the first part claime<l to be authorized, as the executive committee of the 
Eastern or Emigrant Cherokees, under the authority of a resolution of the council and 
convention of tlie Eastern or Emigrant Cherokees, held at the general convention 
grounds, at Bu>,' Tucker's Springs, near Tahlequah, Cherokee Nation, on the IGth day 
of February, 1900. authorizing them to contract not exceeding 15 per centum of any 
sum or sunis collected for the said Indians, (Copy hereto attached.) 

In witness whereof I hereunto attach my hand on this 24th day of February, A. D 
1900. 

John H. Rogers, 
U. S. District Judge for the Western District of Arkansas. 

After making the foregoing contract we ])roceeded to the city of Washington, D. C, 
for the purpose of pressing the payment by the United States Government of its indebt- 
edness t^> the Eastern or Emigrant Cherokees. We prepared a memorial to Congress 
praying for the payment per capita to the Eastern or Emigrant Cherokees of the ti oney 
pledgefl to them in the ninth article of the treaty of 1846 and found due them in April, 
1894, in what is commonly known as the ''Slade-Bender award." Senator Cockrell, 
of Mis.=!ouri, one of the ablest men in the United States Senate, presented our memorial 
with ai)propriate remarks and moved that it be printed as a public document and re- 
ferred to tile Committee on Indian Affairs, which was agreed to by the Senate of the 
Unile<l States. We attach hereto a copy of said document and ask that it be considered 
as a part of this report. We feel very much encouraged and have every reason to believe 
that the steps we have taken will cause this money to be appropriated by this Congress 
and j)ai<l out per capita at an early date to the people entitled to receive the same under 
the treaties. Your executive committee found that Gen. M. C. Butler, formerly 
Senator of the United States from the State of South Carolina, had a contract from the 
Cherokee Nation for 5 per centum to collect the sums due under the Slade-Bender 
award. Cieneral I'utlfr has made many and earnest efforts to collect this money, and 
your committee has been forced to the opinion that the Eastern Cherokees can not 
afford to ignore General Butler or his friends. For that reason your committee suggests 
that the committee be authorized to adjust said contract, making a new contract with 
him and retaining a suflicient sum therefrom to provide a reasonable compensation to 
your committee f»ir its services and for paying the expenses of the conventions and 
councils of the Eastern Cherokees. 

RfHpectfully sulunitted. 

David Miiskrat, 
Daniel Gritts, 
Frank J. Boudinot, 
Executive Committee of the Eastern Cherokees 
By Frank J .Boudinot. 

Sai<l ro])()rl. having })oon fully discussed and tliorouojhly considered 
by tho .said (•oiincil. (lie followino; resolution was ofTered by Jklr. 
Jamo.s Duncan, to wit: j ,; 

lie it rrsohrd hij this rouvnl of the East<rn Cherokees, That the report of the executive 
comnuttef of tin- En.Mtern Cherokees is hereby adapted, and the contract entered into 
by Ihciii Willi John Vaile, of Fort Smith, Ark., for the collection of the amount due the 



KASIKKN CIIKI.'oKKKS. | , 

Easti'in ('hc'iokccs liipiii tlic riiihd Stales lie. ami lln- saim- is hcrcliy, rutilic*! aiwl 
fonliniiod: I'mridnl. Tliai said executive comiiiitlfc sliall lia\ e im |mw*er or aiitlioiity 
\vliate\ir ti) cniitiacl, assiy;n, or set over, in any iiiamwr wliastoever. any anioiinl in 
aildition to said lo per ceMtuni named as tlie fee to lie receiveil in fnll for all servieeH 
and expenses incident to the collection of sai<l amount from the l'nite<| Stales in llw 
said contract with John Vaile, in Uvn of any contrail u iili the ( 'herokee Nation, l»y wav 
of com prom isi' or otherwise. 

Said resolution, tiftcf due tiiid tlioroii<:li discti'->ioii. was ptisscd hy 
a'uiiaiiiinous vote ol' tlic coimcil. 

Ml'. Kfaidv .1. Bond i not , of Illinois c I i^tI•i<•t . t licrciipoti oircfcil tin- fol- 
lowing- fcsoliition, to wit : 

Br il rrsolvcd by this rniinril of Ike Kuslnn Chtiohns: That thei-onncil of the Kastern 
(,'herokees insist upon the inunediate paymeiU to them of the amount due them under 
the Slade-Hender award, and earnesth'-protest ai,'aiust l)einjj: compelle<l to j)ut their in- 
terests again in controversy i)efore the courts. l"or the rea.son that they have a complete 
accounting made in their favor hy an authorized tril)unal under a contract anrl law, 
which, by the terms thereof, was tu l)e conclusi\i'. and which the A.s~istant Attorney- 
General of the United States, Hon. George H. Shields, in his opinion suhmitled to 
Congress, declared would he a full and final settlement. We earni-stly prole.xt that 
this linal .settlement should not now he con.strued as not final hut only t he i)eginning of 
litigation. 

No men. or no set of men. are authorized to commit us to any other position, or to 
agree to send us to the courts; luir are we willing to go to t lie courts until ('ongre.ss has 
actually refused the jiaynient of thi-- just obligation. 

The said above resolution was passed unanimously by the eoiineil. 

There beiiio; no further business before the council, upon motion 
duly made the council of the Eastern Cherokees adjourned to meet 
tipon call of the president. 

We. theofhcersof the council of the Eastern Cherokees. hereby certify that theabove 
and foregoing 21 pages of writing. numl)ered consecutively from :i3 to 5.3. both 
inclusive, is a full, true, and complete record of all the ])roceedings (including reso- 
lutions, reports of committees, etc.) of the convention and council of the Eastern Chero- 
kees. held at the general convention grounds, at Bug Tucki-r's Springs, near Tahleijuah, 
Tahleciuah di.strict, in the Cherokee Nation, on the third and fourth davs of .\pril. A. I>. 
1900. 

D.XNIKL ReDBIHH. 

President oj the Ea.flern Chrrokre CouncH. 
Jo. R. Seqiu'hie, 
Secretary to keep records in Cherokee (pro tan). 

Fk.XNK J. BoiDlNOT. 

Secretanj tn keep records in EurjUsh. 

WlI.I.I.\M ElB.WKS. 

Interpreter. 
.]. 1Iem:v Dn k. 

/;i//;7;r<7»T. 



Proceedings of the council of the Eastern or Emigrant Cherokees of the 
Cherokee Nation, as.sembled at the general convention grotmds, at 
Bug Tucker's Springs, near Tahlequah. Cherokee Nation, Septem- 
ber 4, 1901, for carrying out treaty of lS4ii bv said .Nation and the 
Government of the Ignited States, and for other purposes. 

Pursuant to the following call, duly i->uei| by Duiiiel Kedbird. pi-e-^i- 
dent of the Eastern or Emigrant Cherokee council, and Danitd (Iritts. 
secretary, dated Augu.st 15, 1901, and duly published in the Tahle- 
quah XvTow newspaper and otiierwi.se given general circulation 

S. Doc. 259, 59-2 2 



Ig EASTEKN CHEKOKEES. 

tliruiiLrhout the Chcrokoe Nation, whirh call was in the words and fig- 
luvs foll(»winir. to wit : 

CALL OF EASTERN OR EMIGRANT CHEROKEE COUNCIL. 

Tho Eastorn«>rEiiiigrant Chorokoe council is hereby called to meet Wednesday, 
Septi-mberl. 1901. al tlie general convenlinn grt)unds at Bug Tucker's Springs, Tahle- 
quah di.-^triit. Cherukei- .Nation, to receive reports of committees, to discuss the rights 
of the Ea.-;tt'rn(ir Emigrant Cherokees, and to take such action relative thereto as may 
be found expedient. 

Daniel Redbird, 
President of the Eastern Emigrant Cherokee Council. 
Daniel Gritts, 

Secretary. 

And tho said call of this council being hi pursuance of the authority 
of the resolutions ])asscd by the general conventions and councils of 
the Eastern or Eniigrant Cherokees of February 14, 15, and 16, 1900, 
and of Aj^ril 3 and 4, 1900, the following proceedings took place: 

Hon. Daniel Kedbird, president of the council, called the meeting 
to order at 3 o'clock p. ra., September 4, 1901. Hon. Charley Get- 
tingdown, member from Flint district, acted as chaplain and exhorted 
the members to remember that in all they did they were under the 
eye of Alnughty God, whose approbation and protection they could 
expect or.ly in doing right. After singing by the council and prayer 
by^Ir. Getting down the roll of members of the permanent council was 
called as follows, to wit: 

Cooweescoowee district. — James M. Keys, George Pumpkin, J. R, 
Sequichie, George Glass, and John Grass. 

Canadian district. — James W. Duncan, William Eubanks, and Wal- 
lace Ross. 

Going Snake district. — Ben Mocker, Lincoln England, and Oce Dew. 

Sequoyah district. — Tom Blair, John Silk, John Duncan, and Blue 
Downing. 

Saline distnct. — Charley Ketcher, George Potatoe, and John Sharp. 

Illinois district. — R. M. AValker, E. A. Walker, Johnson Manning, 
and Frank J. Boudinot, English secret ar}^. 

Flint district. — Wyly Bolin, Charley Gettingdown, and Charkey 
]i('ndal)0Ut. 

Tahlcfiuah district. — Phillip Bennett, Robert Meigs, Alex. Deerin- 
thcwater, CJilbert Ross, and Will Glory. 

Uilainin district. — Joe Coming, Peter Nick, James Hildebrand, and 
Lincoln Towie. 

Ojjiccrs. Daniel lledhiid. president; David Muskrat, hist assist- 
ant ; Wolf Coon, second assistant: Daniel Gritts, secretary: Chas. D. 
NVatcrs, interpreter; J. Henry Dick, assistant interpreter. 

lion. Daniel Gritts, secretary, thereupon reported the following 
vacancies. t(j wit, Will Glory, deceased; George Glass, deceased; Lin- 
coln Towie, resigned; Joe Comin<jj, resigned. 

I'pon motion duly made bv lion. John Grass, member from Coo- 
weescoowee district, seconded and carried, the president and his two 
a.ssi.stants were tiiereu|)on authorized and directed to fill said vacan- 
cie.s in the |)ernianent council by appointment. 

Am)oinlnients were made to "hll the vacancies reported as follows: 

Kli Snell, to (ill vacancy caused by resignation of Joe Coming, from 
Dclawiirc (list lid. 



EASTERN CHEROKEES. 10 

,loss(> Crittciidcn, to lill xacjiiicy (•aiisc<l \)\ deal li nf Will ( 11. mw I'loin 
TahUHluali district . 

Tom Horn, in lill xacaiicy caused l)_v death (if (lem-ix," (Hass. ffoiii 
Coovvoescoowee disl lict . 

Peter Douhlehead, to lill \acaiicy caused l>y tl.e roi'jiialinn (.f Lin- 
coln Towie, from Delawaic district. 

The vacancies having- Ixhmi Idled and the |)erMianent council i»ein^ 
org'ani/.ed and ready for the transaction of business, thi' president of 
the council, lion. Daniel Kedhird, suhmitted the re|)ort of the execu- 
tive connnittee transmit tin^ tjie report of .h>iin N'aile and the con- 
tract made hy and i)(>t\V(>en the executive committee and .l(»hn N'aile, 
April 20, 1901, for tlie consideration and action of the coinicil. 

Tlie hour being late, tlie council thereupon adjourned till !i o'clock 
a. m., September 5, 1901. 



General Convention Grounds, Bio Tucker's Sprixcjs, 

September o, 1901 — 9 o'clock a. m. 

The |)ermanent council of the Eastern or Emigrant Cherokees met 
pursiumt to adjournment. The rej^orts of .John \'aile and the execu- 
tive committee and the contract of A])i'il 20, 19t)l, after the regular 
morning singing and ])rayer, were duly reatl and interpreted and con- 
sidered and discussed at great length. l']ion motion, tln^ council took 
a recess for one hour for dinner. 

The council reconvened at 2 o'clock p. m. and resumed considera- 
tion of the reports and contract aforesaid. Tiie rereading and rein- 
terpretation. and discussions, both in the Cl^.erokee and English 
languages, consumed tlie afternoon, and at 7 o'clock the council took 
a recess of one hour for suj)i)er. 

The council reconvened at 8 o'clock j). m. and resumed considera- 
tion of the business in hand. 

U])on motion duly made by Hon. Jolm Silk, member from Se(iuoyah 
district, and seconded by Hon. Johnson ^hllming. member from 
llhnois district, the council voted to accept the report of the executive 
committee and to ratify the said contract, the vote upon said motion 
l>eing unanimous. 

Wliereujion Hon. Jolmson Manning. mendxM- from Illinois di-trict, 
oifered the following resolution, to wit: 

Be it resolved by the penuanent ruiindl of tlw Easier}}, or Emigrant, Cherokees, That the 
revised and corrected coiUract made and entered into wilh John Vaile. esq., hy the 
executive committee of the Ea.stern. or Emi'^rant, ("herokei s. at Knrl .'><niith. Ark., on 
the 20th dav of April. 1901. a coj))- <>f which is herein .-^I't fi.rih. to wit: •'( ontract, 
between David Muskrat. of Flint ilistrict. Daniel (iritts. uf Tahh'<|uah (li.-^trict. and 
Frank J. Houdinot. of Illinois di.strict. the executive conuniltee of individuals known 
as Eastern, or !>nii,u:rant, ("herokees. and .John Vaile. of Fort Smith. .\rk., for the collec- 
tion of certain moiievs (hie the East(>rn. or Emij^rant. Cherokees." 

Know all men by iiiese pre.sents. that this, a contract made in writin<^ ami in dupli- 
cate, a copy whereof is hereby delivered to each of the contiactin^: parties, witne.-jies 
tliat w(>, David Muskrat. attornev. of p'lint district, Daniel Critts. attorney, of Tahle- 
quah district, and Frank J. Houdinot. of Fort flibson, Illim is district, attorney at law, 
all beinji residents of th(> Cherokee Nation and const it lit in;: the executive eoniiniltee 
of the Eastern or EmiLrrant Cherokees under the authority of the conventions or coun- 
cils of the Eastern Cherokees bv resolutions duly pa.s.<'ed at Mm: Tuckers Springs. 
Cherokee Nation, on the Kitli day of February. A. D. li«H). and on the 4th day of 
April. A. D. 1900. copies of which are hereto attached and made a part heriH.f. acting 
for ourselves and other Eastern Cherokees and their heirs or legal representatives, 



20 EASTERN CHKROKEES. 

parties of the fii>t part, and John Vailc. counselor, of Fort Smith, State of Arkansas, 
party of the seeonct i)art. eontrac t and aprree as follows, to wit: 

First. This eontract is made at Fort Smith, in the State of Arkansas, on the 20th day 
of April, litOl. U'Y the jmrpo.^e if c-olleetins; tlie money due the Fastern or Immigrant 
Cherokees under the tnaties l)et\veen the Cherokee Nation and the United States, 
and partieularly under the fifteenth article of the treaty of 1835 and the ninth article 
of the tr< aly of IS-)(i. said money l)ein.<i; due l)y the United States and being particularly 
set forth inthe .-(•-calli'd Slade-lU-nder report, as rendered by them on the 28th day of 
April. lSil-1. and found on i)age :52. Hou.se of Representatives Executive Document No. 
182. Fifiy-ihiid < 'niignss. third session, in tlie second item of their .*aid findings, to wit: 

"Under the treaty of 1835: Amount paid for removal of Eastern Cherokees to the 
Indian Territory. inipr(H)erly charged to treaty fund. .SI. Ill, 284. 70. with interest from 
June 12. 18.38. to date of payment." 

Said ujoncy is to be disposed of ^hcm collected in the manner set forth in the ninth 
article vi the treaty of 1840 and paid out per capita to the Eastern Cherokees or their 
legal representatives. excei)t the fees heret)y sot apart and contracted by the parties of 
the lir.st part to the party of] the .s( cond part for his expenses and services and the 
expenses and .-jervices of his ass(jciatcs or assigns, to wit, a sum equal to 15 per cent on 
all sums appropriated to the use or benefit oi" the said Eastern or Emigrant Cherokees 
by the Congress of the United States on account of such claim. 

The said |>arty of the second part herel)y agrees to immediately proceed to the collec- 
tion of the said money and to pay all of the expenses which may be incurred by him or 
by his associates in the prosecution of the said collection without any expense to the 
parties of the fii-st part; and the parties of the first part do. for valuable consideration. 
especially the ex]jenses and ser\ic(s rendered in this behalf during the first and second 
se5s*,i(iii..< of the Fifty-sixth Congress, the receipt whereof is herel^y acknowledged, 
hereby contract to pay to the said party cf the second part and his as.sociates or assigns 
a sum equal in amount to 15 per cent on any recoveries to the Eastern or Emigrant 
Cherokees. as we are authorized to do under the resolutions of the councils of the said 
Eastern or Emigrant Cherokeesas above referred to; and the said party of the second 
part is herel)y authorized to execute a receipt for the said 15 per cent: when the 
same .shall have been api)ropriated and the warrants issued, or execute any other 
proper releases required i)\ the ollicers of the United States, in the name and on be- 
lialf of the said Eastern or JMuigrant Clierokees. The ])arty of the second part further 
expre.s«ly agrees that the |)ayment of tlie said fee of 15 per cent 'shall cover and 
include all expense of any kind and character whatever. It is expressly understood 
and agreed that .said Eastern or Emigrant Cherokees do not herein propose to recognize 
any <-ontracts made or authorized by the Cherokee Nation for the collection of such 
claim, but that this is the only contract for its collection authorized or recognized ])y 
the Eastern or Emigrant Cherokee council. 

The aliove {-ontract snail be limited in time and shall continue in force until July 1, 
IfHM. and no longer, exc(>pt the (juestion as to said indebtedness shall have been then 
referred to the courts or other tribunal: then, and in that event, s\ich contract, and 
a.s«ignments or agreements thereunder, shall be and remain in full force and effect. 

This contract is in lieu of all ])revious contracts and is the oidy contract recognized 
by the Eastern or Emigrant Cherokee council. 

In witness whereof we do hereto attach our hands and seals on this the 20th day 
of Ajiril, 190J. at Fort Smith. Ark. 

The executive conunittee of the Eastern or Kiiiiarani Cherokees, parlies of the first 
part: 

l>AVn> MlSKRAT. [seal.] 

l).\.\iKi, CrRrrxs. [seal.] 

Fr.WK J. BOIDIXOT. f.SKAL.] 

.Tonx Vaile. |.si;.\l.] 

iNTi:iti'i!Kri;i!"s cektii-icati;. 

I. .1. Ihiiry l)i<k. <if Taldi(|ii;di, Ind. '!'.. do herebv cerlifv that I liave carefully 
inlorpr.-ir.l il„' foregoing contrael to David Muskral and Daniel Gritts, and that 
they lully uiKh-rstand and indorse it as (hawn in accordance with their direction. 
and thai they sign il of their own fr.-c will and a ( cord and for the purpo.ses thereiii 
set forth. ' 

Witii.-^ my hand liiis the 2Uth ilay of .\piil. ]!«)]. 

J. IIenhv Dick. 
I Nino .States Di.stuict kou the Wk.stek.n Di.sthict of Ark av:s as, Fori Smith: 

This day per.«oiuilIv appean-d before me the parties to the above contract, to wit, 
David Muskral, of Mini dislrid; Danid Critts, of Tahlefiuah di.strict, and Frank J. 



Parly of the second j)arl : 



KASTKKX (IlKKoKI.KS. 21 

l}i)iuliii()l, of Fort (lihsnii, Illiiidis (lislrict, all nf ilic ('li«-nik«'f Natii»u, {mrtit-M nf tliu 
tirst purl, rtsstatt'cl to meal I lie liiiic, who cxi-cul fd I In- al>ovc coninicl in my llrl•^*^•ll«•t• 
at the lily of Fori Smitli, Slate of Arkansas, on tin- L'Olli day of April. IIMII.'all of wiid 
parties heiiiij present and exeenlini,' the same in j)ersoii, said i-ontnu-t liaviii); heeii 
inlerpreti'd to David Muskrat ami Daniel (Irilts m my presence a.i cerlilieil uhove 
by J. Henry Dick. The parties of the lirsi |)art claimed to he anthorizeij as the 
executive committei' of the Kastern or i;nui,Manl Cherokees under tin- aiitliority of 
a rosohitiou of the council and conveiuion of tiie Kastern or Kmi^'rant rherokei-.H 
held at th(> fieneral convention j:rounds at Uuj^ Tuckei-s Spring's, near Tali!ei|uuh, 
Cherokee Nation, on thi^ Kith day of Fi'l)ruary, 1!»00, and also a like re.s4iliition of 
same aiithority al same place on Ajjril 1. I!H)()' aulhoriziiiK tliem to coiiira<'t a sum 
equal to an amount not exceeding 1') i)er cent of any sum or sums coHeclecl for 
said Indians. ( Copy attached. ) 

111 uiliiess whereni' 1 hereunto attach mv hand on this the L'Olh dav 'if .\piil. .\. D. 
lildl. 

John II. Ko<iKits, 
United Stales District Jinltje for the Western Distrirt of Arknnmia. 

togi'lher wiih the report of ihe executive committee, is hereby accepted, ratified, 

ami conliiined. 

The above resolution having; been read and interpreted and the 
hour beiiio; late (about 1 1 .oO p. m.). upon notion duly made the 
council adjouriKHJ tmtii '.• (>"cl()ck a. in.. S('|)ten,l)ef (i, I'.tiil. 



Ge.\i:i{al (luorxn.s foi; Conn k.ntions, 

Bug Tuckeus Simungs, 
Septemher 6, 19i)l — 9 o'clock a. m. 

The permanent council of Eastern or Kmitrrant ("lierokee.s met 
pursuant to adjournment. The roll was calletl and a (luorum was 
present. After the usual morninii; relij^ious exercises. sin<;in<; and 
prayer, the resolution introduced last niu:ht to accept, ratify, and 
confirm the contract between the executive conunittee tuid -lohn 
Vaile, dated Aj)ril 20. li)()l. together with the report of the execu- 
tive committee, was read and interi)reted a second time. Alter 
some discussion Hon. KolxM't Meiirs, member from Tahleijuah dis- 
trict, made a motion, wiiich was duly seconded and a^xreed to. to 
take a vote on the said resolution. \\'hereuj)on. the roll bein»; called, 
the said above resolution was j)assed by a unani;r.oiis vote of the 
council. The council having com])leted the business i)efore it. and 
having been notified that its jiroceedings and resolutions had bc'cn 
duly approved by the president, upon motion adjourned sine die, 
subject to the call of the j^resident. 

The above and foregoing 5 typewritten i)ages of minute^ arc hereby 
approved as true and correct. 

Original signed in Cherokee. 

DaMKI. IvKDMIIjn. 

I'nsiihut. 

FiJANK J. liolDINOT. 

iSicnt(try to Ayv/j litcortls in I'JKjlish. 
Daniel CiuiTTs. 
Secrefanj to keep Rtcnnlx in Cfurokee. 
J. I1km:v 1>i( k. 

Inft rpntfr. 



22 EASTERN CHEEOKEES. 

OMISSION'. 

The minutes sliould show that Hon. Charles D. Waters, mter- 
preter. was on September 4, 1901, reported dead, and Hon. J. Henry 
l)iek. heretofore assistant interpreter for the permanent council of 
the Eastern or Emigrant Cherokees, was at once declared by a unani- 
mous vote of the council to be interpreter ex ofRcio. 

Frank J. Boudinot, Secretary. 

F()i;t Giijsox, Ind. T., Septemher 29, 1901. 



Proceedings of the permanent council of the Eastern or Emigrant 
Cherokees of the Cherokee Nation in the Indian Territory, assem- 
bletl at tlie general convention grounds, near Tahleqiiah, Cherokee 
Nation, on the 2Sth day of April, 1904. 

Pursuant to the following call, duly issued by Hon. David Redbird, 
president of tlie permanent council of the Eastern or Emigrant Chero- 
kees in the Indian Territory, duly signed and attested by Daniel 
Gritts, secretary, which call was as follows, to wit: 

CALL OF THE EASTERN OR EMICRAXT CHEROKEE COUNCIL. 

The permanent council of the Eastern or Emigrant Cherokees in the Indian Terri- 
tory i.« hereby called to meet Thursdaj", September 28, 1904, at the general conA^ention 
grounds, at Bug Tucker's Springs. Talil<Hiuah district, Cherokee Nation, Indian Terri- 
tory, to receive reports of committees, to discuss tlie rights of the Eastern or Emigrant 
Cherokees, and to take such action rc^lative thereto as may be found expedient. 

Daniel Redbird, 
President of the Peiinanent Council of the Eastern or Emigrant Cherokees. 

Daniel Gritts, 

Secretary. 

The permanent council of the Eastern or Emigrant Cherokees of the 
Cherokee Nation in the Indian Territory, met at 10 o'clock a. m., 
April 2S, 1904. The president, Hon. Daniel Redbird, and the first 
assistant pi'csident, Hon. David Aluskrat, and the secretaries, Hon. 
Daniel Clritts and Frank J. Boudinot, and the assistant interpreter, 
Hon. J. Henry Dick, were present. The roll of the members of the 
council w as called, and no quonuii answering to their names, the coun- 
cil adjourned until 9 o'clock a. m., April 29, 1904. 

(icnci-al convention grounds of the Eastern or Emigrant Cherokees 
in the Indian Territory. Met pursuant to adjournment. The roll of 
inembership was called, as follows, to wit: 

Comrcpscooiiue district. — James M. Keys, George Pumpkin, J. R. 
Se(juichie, .John Grass. 

Iirniois (li.strict. R. M. WalkcM-. E. A. Walker, Johnson Manning, 
Fraidc J. Boudinot. 

Caitailiiiv (/i.'<fri(t. James \V. Duncan, AVilliam Eubanks, Wallace 
Rcss. 

(ii)iiiij-Sii(ili- district. Ben Mocker, Lincoln England, Gee De\^^ 

Sf(pn>i//ih district. Thomas Blair, John Silk, John Duncan, Blue 
Downing. 

Flint district. Wyly Bolin. Charley Gettingdown, Charley Bend- 
about. 

lafdKiiKili district. Phillip Bennett, Robert Meigs, Alex. Deerin- 
thewater. Gilbert Ro.ss, Jes.se Crittenden. 



EASTERN CHEItOKEES. 2',i 

Delaware district. — Eli SikII, Tctrr Nick, Jiiino I lildclirMiid. I'rtci- 
Doublehead. 

Saline district. — Cluu-lcv Kctclicr, ( icoi-^c I'oiuioc, .lolm Shar|). 

Officevfi. — Daniel K('tll)ii-<1. prcsiilciit ; liavid Muskrat, lirst assist- 
ant president ; Wolf Coon, second assistant incsideiil ; l)ani<'l ( Iritts, 
secretrti-y; Kiclmrd M. WollV. interpreter; A. Ilenrv Dick, a.ssistant 
interpreter; Frank J. Boudinot. English seeretary. 

A quorum was present. Thereuj)on Hon. David Muskrat at tlie 
request of the president of the couneil stated that the oKjects of the 
called session of the council were: 

First. To provide for the compensation of the oliicers and nuMuhers 
of the permanent council of the Fastern or Kmii,M-ant ("herokees in 
the Indian Territory. 

Second. To consider the ad\isal>ihty of hringing certain «»ther 
suits against the United States in the name of the Eastern Cherokees 
as a "Band." 

Wliereupon, upt)n motion duly made ami carried unanimou.sly, 
lion. Kichard M. Wolfe, of Tahlequah, Ind. T.. was elected hy accla- 
mation as interpreter \'ice Charles D. Waters, deceased, and the 
council proceeded to the consideration of the business suhmitted 
to it. 

IJj)on motion, by ^Ir. rlohn Grass, of Coowee.scoowee. which motion 
was carried Ijy a unanimous vote, a conmiittee consisting of live 
members of the permanent council was api)ointe(l to take into con- 
sideration the matters submitted and to rep(»rt their reeonuneiula- 
tions thereon. 

A recess was taken pentling the report of saitl comniittee of live, 
and, after tlu'ee hours, that is to say, at 3 o'clock p. m., the said 
committee reported the following resolution and recommended its 
passage, to wit: 

Resolution providing for payment for services and expenses to the i)resident. vice- 
president, interpreter, and executive committee of the Eastern Cherokees in the 
Indian Territory, and for other purposes, including per diem of meml>ers. 

Whereas the attorneys representing the Ea.«tem, or Emigrant. Cherokees in the 
Indian Territory, employed under authority of resolutions of Feliruary l(i. IJHK), 
April 4. 1900. and September (J. 1901 for the purpo.se of collecting certain nioneys duo 
said Cherokees under the treaty of 18:'i5. the treaty of 184(i. and the agreement of 1891, 
as found and reported in the report of Mes.srs. James .\. Slade and Jos. T. Render, 
dated April 28, 1894. ha^e expre.ssed their williiiune.-s that two-Uftcenths of the 15 per 
cent contracted and agreed to he paid to them for their ,<erviccs and cxpcn.-es 
therein shall he used for the purpose of paying for the services and expenses of the 
officers and members of the Eastern, or Emigrant, Cherokee permanent council in the 
Indian Territory: Therefore. 

Be it resolved by the permanent council of the Eastern, or Emitjrnnl, Chrrnkeesin council 
assembled, Th'at two-lifteenths of the 15 per cent contracted and agree<l to be paid 
to the said attorneys by resolutions passed February Ki. 19(K». .\pril 4. 1900. and Sep- 
tember (5. 1901 (the .said 15 per cent for attorneys' fees an<i all exi)enses to be de<lui-f ed 
from any moneys whicn may be collected from the l'nite<l States (lovernment for said 
Eastern, or Immigrant, Cherokees). be, and the ,<ame is hereby, s«'t aside for the following 
purposes to wit: 

1. To pay fer the services and expenses of members of the Eastern, or Emigrant, 
Cherokee permanent council. The meml)ei-s of the council shall be paid ?5 p«>r diem 
for actual time served, and for going to and coming from the council, for each meeting 
of the council attended. Members from Coowee.scoowee district. Canadian. Delaware. 
and Sequoyah districts shall be allowed three days each for going and throe days each 
for returning, six days in all. 

Members from Illinois. Coingsnake. and Flint di.«lricts, and Saline district, shall be 
allowed two days each for going and two days each for returning, four days in all. 
Members from Tahlequah district shall be allowed one dny each forgoing and one (>ach 
for returning, two days in all. 



24 EASTERN CHEROKEES. 

All accounts for services rendered and expenses incurred by said members shall be 
pn.si-nU'd to the president and vice-presidents of the permanent council of the Eastern, 
or Kniiijrant, Clit-rokct's lor aj)])ioval. 

Be it ftutlnr rcsolad. That alli-r all amounts shall have been allowed according to the 
above provisions the balance or residuum of the said 2 per cent shall be paid to the 
executive couuuittee and to I lie president, vice-presidents, interpreters, and other 
olHcers, if any. of the Eastern, or Emigrant, Cherokee organization. When accounts as 

})rovided shall be approved, it shall be the duty of the president to issue a certificate 
or each account or claim, stating the whole amount allowed. In case any member or 
oflicer shall l)e dead, the amount due liim shall be paid to his heirs or legal represen- 
tatives. 

Bi it further resolved. That it shall be the duty of the executive committee and the 
attorneys of the permanent council of the Eastern or Emigrant Cherokees and are 
hereby authorized and empowered to do and perform all acts necessary and proper 
to secure the payment of all the accounts allowed as shown by seal certificates issued, 
which sums shall be paid out of the said two-fifteenths of the 15 per centum provided 
by resolutions above referred to: Provided, however, That nothing herein contained 
shall be construed to authorize the use, for any purpose whatsoever, of any sum in 
excess of the 15 per centiuu agreed to be paid to the attorneys for their services and 
expenses, and for all other expenses. 

Said resolutions having been read and interjjieted three several 
times, and having been thorotighly de})ated, was passed by unani- 
mous vote of the council: whereupon, the said resohition having been 
a])proved by the oflicers of the organization, and there being no further 
business before the comicil. upon in.otion the permanent council of 
the Eastern or Emigrant Cherokees, at 9 o'clock p. m., adjourned 
sine die, subject to call of the president. 

The above and foregoing four typewritten pages of minutes of the 
permanent cotmcil of the Eastern or Emigrant Cherokees, convened 
Aj)ril 2S, 1904, and adjourned April 20, 1904, are hereby approved as 
true and correct. 



Signed in Cherokee. 

Signed in Eiigli>li. 
Signed in Cherokee. 
Signed in Englisii. 



Daniel Rp:dbird, 

President. 

Frank J. Boudinot, 

Secretary to l^eep records in English. 

Daniel Gritts, 
Secret! nj to keep records in Cherokee. 

]^icilm;i) M. AVolfe, 

Interpreter. 



J'loceedings of the j)ennanent council of the Eastern or Emigrant 
Cherokees of the Cherokee Nation, in the Indian Territory, assem- 
bled at the general convention grounds, lu^ir Tahlociuah, Cherokee 
Nation, on the 10th day of May, 1900. 

^ Pursuant to call duly issued by the pi-esident of the Eastern or 
Emigrant Cherokee council in the "following form, to wit: 

Voii arc li<s-cby nolilicd Oial a meeting of the Eastern or Emigrant Cherokee council 
IS <allcd for Thursday. lh<- Klili <lay of May. A. I). KIOG. to convene at 10 a. m., at 
lUig Tuckers Springs in T;dile<|uali district, for the i^urpose of transacting such busi- 
neKs a.-^ may lie submille.l i,, you. You are requested to be present without fail. 

J. Henry Dick, Acting Secretary. 

Richard M. Wolfe, President. 






EASTERN C111:K0KEKS. _>.) 

which ijill \\a> iiiiiilcil \)\ I'liilcd Stiitt'> inail li> ciich incniltci- i»f tin- 
peiiiiiinciit coimcil. The ixMiuaiiciit coiiiicil tif the I'wi^tcni m- l^nii- 
granl Chcrokcos in tlu' liKliaii Tciiitorv iiict on the lOlh day of Ma\. 
190(1, at tho gcMU'ial fonvcntioii j^roiiiHls at Iiii<: 'I'lickcis Sjniii^s. nrui 
Tahk'(|uah. At 10 o'clock a. ni. Hon. Ivicliard M. Wolfe arrived and 
presented iiiniseir as the president of the council in the |)laceot' Hon 
Daniel Ixedhird, (U^ceascd, having hcen elected to the oliice o| heatl 
captain of the Keetoowah Society and i-x ollicio president (»f the 
Eastern or Emigrant Cherokee eouncik Hon. David Muskrat not 
having arrived, the council was not called in session until his arrival, 
at 4 o'clock p. m. At 4 o'clock p. m. council convened, the |)i-esiding 
officer and secretary heing present. The roll was called, and the 
following-named members answered to their names: 

Cooweescoowcc (listrict. — James M. Keys, (Jeorge Pumpkin, and 
John Grass. 

Canadian district. — James W. Duncan, \Villiam l'hd)ank-. 

Flint district. — Charley Gettingdow u. Charley liendahoul. 

Delaware district. — Eli Snell. James llildehrand, and f'eler Doul>k'- 
head. 

IlJinois district. — Johnson ^^anning, Frank .1. Boudinot. 

Goingsnake district. — f^incoln England. 

Tahlequali district. — Kobert Meigs. 

Canadian district.— -Jtwucs W . f^uncan, William l'>iil)ank-. and 
Wallace J{oss. 

A quorum of all members of the pernuiuent council being uresent 
and answering to their names, the secretary rej^orted the I'ollouing 
vacancy to have been reported: K. M. Walker, dead, Flint district, 
and said vacancy was duly filled according to custom. Several 
resignations of members having been tendered and accepted, and the 
\acancies thus caused having been duly filled according to custom. 
tlie roll was again called and the following persons answered present: 

Saline f//.s'/r/'r/. -Young Deer, Ciieerie Wilson, Wilson Comini:. 

Flint district. ^V>]\\ Mankiller, George Ducer. Candy Mink, ;!nd 
Charley (lettingtlown. 

Tahh(inah district. — Robert Meigs. John Mu>krat. Price Cn( inan. 
John 1 licks. 

Illinois district. — Frank J. Boudinot. Dick Agent. Lewis Crano. 

Delaware district. — Joe Fox, Jim Ilildebrand. Eli Snell. and Peter 
Doublehead. 

Cooweescoowee district. — James M. Iveys. John Grass. Stealer Swim- 
mer, and George Pumj)kin. 

Canadian district. — John Shafp. James W. Duncan, William 
Eubanks. 

Sequoxjah district. — Lewis Beamer.Xick Connngdeer. Cliarlr\ Pend- 
about. 

Goingsmil-e district. — IJncoln J'^ngland. .lack-on Kedl)U(l, .'ohn 
Tehee, Paul Glass, and Wallace Ross. 

The officers present were: Richard M. WiJfe. president: Hon. 
David Muskrat. first a.ssistant president: Frank J. lioudinot. Kng- 
lish secretarv, and J. Henry Dick, interpreter. 

Hon. Dan'iel Gritts. Cherokee .-secretary, being repiu-ted dea«l. the 
council elected Jolm Muskrat to fill the vacancv caused by his death. 

Hon. Richard M.Wolfe sealed to the council tliat the object (J the 
call was to submit the report of the executive committee an<i to rec- 
ommend that provision be nuide for compensation of members an<l 



26 EASTERN CHEROKEES. 

ullic'crs of the Eastern Cherokee council, executive committee, and 
interi)reter. He further sealed that the report of the executive com- 
mittee was not in writing, hut had been made to him verbally to the 
effect that the most sweeping victory had been made by our attorney. 

He recommended that the council take such steps as might seem 
proper to j)r()vi(U^ for a just and reasonable compensation to all par- 
ties who had served so faithfully in behalf of the Eastern or Emigrant 
Clien)kees. Mi'. Wolfe sj)()ke in iMiglish, and he was followed by Hon. 
David Muskrat, who spoke in the Cherokee language. Prayer was 
then olfered by Mr. Gettingdown. Mr. Boudinot moved that the rec- 
ommendation of the president be referred to a committee of five 
members with instructions to consider and report thereon. The 
motion was carried, and the chairman, Mr. Jim Hildebrand, appointed 
Mr. Boudinot, Mr. Hicks, Mr. Snell, Mr. Grass, and Mr. Bendabout as 
the committee. 

The hour l^eing late, upon motion of Mr. Boudinot the council 
adjourned until 8 o'clock a. m. May 11, 1906. 



General Convention Grounds, 

Bug Tucker's Springs, 
May 11, 1906—8 o'clock a. m. 

The pernuinent council of the Eastern or Emigrant Cherokees met 
pursuant to adjournment, the chairman presidmg. The roll was 
called, and all members answered to their names. 

Mr. Keys moved that the chairman appoint a water carrier for this 
session of council. The motion was agreed to, and Sam Beamer was 
appointed water carrier. Mr. Grass asked that a collection be taken 
up to jiay the water carriei-, which was done. Mr. Dimcan moved 
that the council take a recess to enal)le the committee considering the 
president's recommendations time to prepare their report. The 
motion was agreed to, and a recess w^as taken until 1.15 p. m. 

The ))ermanent council reconvened at 1.15 p. m. The roll was 
called, and all mendjers an.swered present. The committee to whom 
was referred the reconunendations of the president responded with 
the following resolution and recommended its adoption, to wit: 

Resolution Xo. 1. 

WlicM-a.s tlic crforlH of ihc n-pn-sentatives of the Eastern or Emigrant Cherokees to 
coUect the per capita nu>n(>y due then) from the United States have at last resulted in 
a sweermitr victory, a-s evi<lcnced by judgment of the United States Supreme Court 
handed down on .May I, ]'.WIy. and 

W'licrea.s it i.s i)rop.T iliat suital^le e.xpression of appreciation of difficult nlanagement 
ul Ihi.f great ca.se to .so successful i.ssue shall be officially given bv this council, and the 
just and rea.sonabic c<.mi)eii.«ati<.n shall be allowed the faithful ofiicers and members 
of this council, llirough whose fidelity and true services, extending over a period of 
more than six yeare, our cause has been won: Therefore 

Be ilrrmhrdhii the permannU roimnl of the Eastern or Emigrant Chei-okees. That our 
ht-arlf.ll I lanks and gratitude are hereby extended to the Keetoowah Organization of 
the ( luTokce .\alinn, witlioiit whose firm and ever consistent aid our people could 
never liavc won i!iik great victory. 

he it further re.soheil. that ihe C.mgress of the United States is hereby petitioned to 
make imin(;<liatc- payment of tlie money due us, and to provide for the distribution of 
thi.s fund wilhout delay to our people in accordance with the judgment of the Supreme 
( f»urt of the I nited Stales; and 



KAS'l'IMt.N CIIKIUtKKKS. _'7 

Rcxohcd fiirlliir. that ("oiif^TcKs is luTchy prtilimicd In muk.- Huital.|<- proxinion for 
payincnl for tlir altciKlaiuc of tlic iiit'iiilx is of llic pcnnaiKiii coiiucil at tin* varimiH 
meutings luld by tlu' [H'liiiaiiciU council to inchulu travel froiiij; aiicl rfturiiin>r, aii<l 

RfsoUrd furtliir. that t'oiitircss is iicrcl.y ^)i'titioiic(l to authorize the Court of ( luuiw 
to allow a rcasoiial)lc fee to the ineiulters ol our executive couiniittec uu<l iiiterj)retfr, 
and the other ollicers of the Eastern or Kniigranl (.'herokees fur their Bt-rviceM in tlio «u<-- 
cessfiil manaptMnent of this j2;reat ca-se. 

Be it nsol red further, that the Court of Claims is hereby petitioiiwl to allow the fcce 
pledged hy our council in the John Vaile contract to our allorneyH, wiio have, with 
such fidelity, zeal, and distinguished al)ility, conducted this case to a HUcrcfwful con- 
clusion. 

I'roeided, That the pay of members and ollicers, includinR the executive conuiiitlet'. 
and all attorney's fees and expenses of any chara<'ter wliatever shall in no event 
exceed 15 per cent of the amount recovereil. 

The f()re<z;oiiio; rosoliitioii was wad and iiilori)f('t(Ml throe several 
times, lhoi-()iio;lily discussed, and adopted hy a imaniiiioiis vote, 
Mr. Dinican ollered the followiiii; fesoliit ion : 

Resolution No. 2. 

Be it resolved hy the permanent eouncU of thi Eastern or Hinxjranl ('hrroLuis: That tin' 
executive committee, together with the i)r(sident of the permaneni co\incil of the 
Eastern or Emigrant Cherokees. ])e hereb\ directed to proceed at once to Washington, 
D. C, there to represent the intere.'^ts of the Eastern or Emigrant Cherokees vmder 
their present authority, and to take all needful steps to secure immediate payment to 
our people of the money recovered, especially insisting upon such legislation and 
adoption of such methods in providing the details of the distribution as will preclude 
any possibility of an unclaimed surplus remaining in the Trea.><ury of the rnite<l.*^tate9. 
They are further directed to apply to the Secretary of the Interior or other proper 
authority and ask tliat the Eastern or Emigrant Cherokees may be represented in pre- 
]iaring the rolls of persons to parlicipati' in the distribution of .-^aid mouey. l>y appoint- 
ment l)y the president of this council or one of more pi'rsons for that pur|>ose. 

Resolved farther, That for the services and expen.ses of the saiil executive committee 
and president hereunder they shall lie paid sui'h reasonabh' sums as may be agn'iil 
upon and allowed by the ofticers of the I'nited States GoAeriunent, which payment 
for such services and expenses shall l)e in addilitm to all other anio\ints which may be 
allowed and paid under other resolutions. 

The foregoing resolution was ivad and inicrpicicd tliifc v,.\ nul 
tinies and passed by a unanimous vote. 
The Grass offered the following resohition: 

Resolution So. ii. 

Be it rese>Ived hy the permanent eoaneil of thi Eastern or Emiyraiit Chirohis: That all 
accounts of members and officers of this council for ner diem and traveling expenses 
shall be certified by the secretary to the president and vice-nresident of the permanent 
council of the Eastern or Emigrant t'herokees for approval, and when s;»id account* 
shall be approved it is hereby made the duty of the president and .secretary to iwtie a 
certificate to each member stating the whole amount allowed. In case any member 
or officer shall be dead, the amount due him shall be paid his heirs or lepd rejin wnt- 
atives. 

The foregoing resolution was read and interpreted tlirre sovcnil 
times and passed by a unanimous vot<'. 

There being no further business before the council, lia\ ing received 
notice that the three resolutions passed had be(>n didy a|)|)roved by 
the president of the council, the menbers joined in singing |)raises 
to God and were afterwards led in prayer l)y Kli Snell. After which, 
upon n^otion duly made, the permanent council of the Eastern or 
Emigrant Cherokees adjourned sine die, subject to call of the presitlent 

The above and foregoing hve and about one-third pages of type- 
w^ritten minutes of the proceedings of the permaneni council of the 



28 EASTERN CHEROKEES. 

Eastern or Eini.uraiU Cliorokocs, coiivoncd on the 10th day of May, 
19(Ki. and adjouiiu'd on the llth (hiy of May, 1906, are hereby 
approved as true and correct. 

Richard M. Wolfe, 
President of the Permanent Council of the 

Eastern or Emigrant CheroTcees. 
John Muskrat, 
Secretary to l:eep records in Cherolcee. 
Frank J. Boudinot, 
Secretary to Iceep records in English. 
J. Henry Dick, 

Interpreter. 



Proceeduigs of the |)ernianent council of the Eastern or Emigrant 
Cherokees, of the Cherokee Nation, in the Indian Territory, assem- 
l)led at the general convention grounds, near Tahlequah, Cherokee 
Nation, on the 18th day of August, 1906. 

vVNNUAL SESSION. 

The pei'inanent council of the Eastern Cherokees in Indian Territory 
met in amiual session on this August 18, 1906, at 2 o'clock p. m., and 
the following mend)ers were present: 

Saline district. — Young Deer, Cherrie Wilson, Wilson Coming. 

Elntt district. — Bill Mankiller, (leorge Duck, Candy Mink, Charley 
Gettingdown. 

iJeldirare district. — Joe Fox, Jim Kildel)rand, Eli Snell, Peter 
Doublehead. 

Cooweescoowee district. — James M. Keys, Jolm Grass, Stealer 
Swimmer. George Pumpkin. 

7'<ihl((juah district. - Ivohert Meigs, Jolm Muskrat, Price Cockran, 
John Hicks. 

IlUuois district. — Fiank J. Jioudinot, Dick Agent, Lewis Crapo. 

(ioiiigsnake district. — IJncoln England, Jackson Redbird, John Tee- 
hee, Paul (ilass, Wallace Ross. 

Ctiitddian district. — John Sharp, James W. Duncan, William 
Eui)anks. 

Semioi/(ih distiict. — ]>e\vis rjcanier, Nick Comingdeer, Charley 
BeiKlabout . 

Kicluird M. Wolfe, |)resident ; Dave Muskrat, first vice-president; 
Flank J. Boudinot, Fnglish secretary. 

A (juoruni being present, u|)on niolion an adjournment was taken 
till the Kith of .Vugust to allow the Keetoowah Society the use of their 
grounds and shed for theii- amuial convention. 

.Vuirust 16, 1906, S o'clock p. ]]).. the ))ermanent council of the East- 
ern Cherokees met pursuant to adjournment. The roll was called and 
a (luoruin was preseni I Ion. Kichard M. Wolfe, president, addressed 
the council and suinniiicd the (inai iv|)ort of John Vaile, attorney. 
Frank J. liou.jinot, on behalf of the executive conunittee, submitted 
it.s i-epori and i-ecoiinncmled llie adoption of resolution covering cer- 
tain grounds, which rcconiiiicinlat ion was referred to a speciarcom- 



EASTERN ("IIKIioKKKS. 'J!> 

iiiittcc of (i\{', coiuposcd (>r Mc>si>. .Iiiliii (iin->s. .luliii lli<'kN, Julin ('. 
Duncan, AVilson Coming:, awl K\\ Siirll. 'riicnii|)nn \]n- coiini-il 
adjourned till Auiins! 17, 1 !)()(», at S a. in. 

Ar(;i SI 17. I'.IOC* S o'rjnck a. in. 

The i)ornuuu'nt (diiiicil of ihc Mn^-iciii ( 'licroivcc"^ met |>nr>uanf to 
adjournment, 'riic roll was cailcd hikI ,i i|iioruiii was present. 'I'lie 
special eoniniittee, to whom was r(>i'eii-ed the iccommendal ion.s nf th«' 
executive conunittee, report i)y proposed resolution> and asked tln» 
ado|)t ion of same. The |)roposed resolut ions w ere rrad and Inlriprctcrl 
and ordered spread out in tliese minutes. 

The proposed resolutions are as follows: 

K.'.^oiuii.iii \,.. I. 

Pni\ idiiic for the prn.-^cciilinii dl' the iiijunci ion .<uil n'ciMitiy in.-liuih-ij in ilic MiitrdiH' 
cdurt (if the District of Columliiii by Fnuik .1. ilotidiiKit a^'uiiist K. A. Hiicluoik, 
Secretary of the Interior, and Charles 11. Trrat. Trrasiin-r of tin- rnilnl StaU-n, and 
for other purpo.si>s. 

He it irsohrd by the pcninttKiil roimcil of tin luisluit ('Imnhiis in Ihr Jinliiin 'I'rrritory, 
Tluit the report of the executive conunittee .>^ul)iiiittiii.>: the tinal reimrl of Jolui Vaile. 
atlorney, he, and the same is hereby, adujjted, and the executive coininiUei- are ten- 
tiered the thanks of the permanent council. 

Resolved further. That the president of Ihi' Kastern Cherokee council l>e, and he is 
liereby, authorized and directed to give all proper a.s,sistance in the name of the Kiu<tern 
( herokees to the prosecution of the suit in ('(juity recently instiluti-d in the supreme 
(i>\irt of the District of Columltia l)y Frank ,] . P.ou<linot a^'ainsl E. \. Hitchcock, 
Secretary of the Interior of the I'nited States, and Charles II. Treat. Trea.surer there<if, 
In jtrevent the payment l)y them, or either oi them, of ci'riain moneys belonj;in>; to 
I he Eastern Cherokees to Edgar .Smith, of Vinita, Ind. T.. and otlier lawyers of St. 
I.ouis. Mo., on account of an alleged contract made l)y Thoma.'^ M. hulfington. i>riiici- 
pal chief of Cherokee Nation, on the lOth day of .lamiarv, lOO.i. the amount claimed 
by said attorneys being about .S150.000. And to this end lie is directeil and authorizcil 
to contract with the attornev? now prosecuting .said suit, Messrs. I'oe and Pulnam, of 
\\ ashington, D. C. to pay tliem for their services and expenses a rea.sonabh- sum out 
of the money- saved to the Eastern Cherokees. .said foe to ix- wholly contini;eiii upon 
def' ating tlie payment of said sum of money to said altornevs. and in tlie event ."^aid 
money shall be paid to .said attorneys, Edgar .Smith and otliers, noiwith.simling (lie 

< llorts of Poe and Putnam, then and in that event nothing whatev«'r shall be pai<l to 
said Poe and Pulnam for the services and expenses therein expeiuled. 

Resolved further. That the president of the Eastern Cherokee council be, and he i.s 
hereby, directed to act in the name of this org-anizalion and for an<l in iiehalf of all 
l^astern Cherokees and to represent them liefore the authorities of ilie I'nite*! States 

< iovernment in all matters touching the speedy and proper completion of tin- pay roll 
to !)(■ prepared according to th.e judgment re<'<'ntly handed (town by the court at 
W'ashinirton: and 

Whereas it is proljable and piactically certain that ali<'r the lapse of lifty-f<»ur years 
many — nearly all — of the original beneliciaries whose naim's appeiir on the roll of 1861 
are dVad, and manj^ have died leavina: no heirs or legal re|)resentatives, 

Beit further resolved. That the president of (he Eastern Cherokee council b.-. and ho 
is hereby, further directed to do all in his power and lo use all lawful ayailal)le nie-ans 
at his command to .secure the ])assage i)y the Congre.ss of the I'nited .States of an act 
providinc that the shares of all deceased original l)ene(iciaries whose name,-' are on the 
roll of 1S51. whei-f no heirs or leg-al representatives can l)e fouiul to wlioin payin«'ni «.l 
said shares may be lawfully ma<le. shall be covered into the fund l<. be distril>ul«Hl 
among the persons whose names aj)i»ear upon .sai<l roll and wlio.sc hein* or h-jral repre- 
sentatives can be found. . • I 1 

For the purpose of carrying out the authority and instruciioiis herein cnniuiiH-*! ilu- 
liresideiii of the Eastern" Cherokee council is'hereby aulhori/.ed and en : 
ap|toint one or more assistants or agents if he deems best, s-aid -.•.•'sislant- 
liave and exercis(> such authority and powcjr as the .slid j»resident nia\ 
them, not in any event to ex'-eecf his own power and authority herein r< r 
in addition to the aulhoritv and instructions hereinbefore given the s;n.i . 
his assistants or agents are pariicularlv inslruci<'il. in theevont (he.Haid niunt-y liuiuK-^l 



30 



EASTERN CHEROKEES. 



by &u<l E<lg;ir Smith and other attorneys shall in any manner be paid out of the East- 
ern Cherokee money, to luring proper suit therefor against the United States or to take 
such otlier steps as ma>' l)e necessary !)efore the courts, committees of Congress, or the 
Executive Deixirlments of the United States Government to have any and all such 
sums of money wrongfully diverted or withdrawn from the Eastern Cherokee fund 
reimbursed aiid paid to the Eastern Clierokees according to the judgment of the 
Court of Claims. 

Passeil the permanent council of the Eastern Cherokees on this 17th day of August, 
190G, antl was approved l)y the officers of the Eastern Cherokee Council, as follows: 

Jim Hildebrand, 

Chairvian. 
Levi B. Gkitts, Clerk. 
Approved August 17, 1906. 

Richard M. Wolf, 
President of Permanent Council Eastern Cherokees. 
Frank J. Boudinot, 

English Secretary. 

The vote upon the final passage of said above resolutions after the 
same had been read, interpreted, and thoroughly discussed, was 
unanimous. 

The council then ordered the English secretary to certify the time 
of services of ir.embers and officers according to resolutions of April 
29, 1904, and May 11, 1906, as follows: 



Days. 

1 


Amount. 




Days. 


Amount. 


Richard M. Wolfe 


200 

50 

25 

3 

3 

25 

3 

12 

20 

20 

25 

12 

9 

6 

8 

10 

24 

3 

9 

3 

25 

25 

6 

8 

16 

9 


81,000 

250 

125 

15 

15 

125 

15 

60 

100 

100 

125 

60 

45 

30 

40 

50 

120 

15 

45 

15 

125 

125 

30 

40 

80 

45 


Paul Glass, Tahlequah 

liobort Meigs, Tahlequah 

Gilbert Ross, Vera 


15 
25 
10 

3 
10 
10 
30 
19 
12 




13 

6 
18 
20 
15 
20 
20 
15 
18 

6 

25 


S75 


Heirs of Daniel Red bird, do- 
ceased 


125 
50 


Heirs of Wolfe Coon, deceased. 
George I'umpkin, Choteau 


William Glory, Tahlequah 

Tom Blair, Tahlequah. 


15 
50 




Blue Downing, Locustgrove . . . 
Jim llild('l)rand, Zena 


50 
150 


Johnson Manning, Talilequah . 


William Eubanks, Tahlequah.. 
W'vlv Boiin, Hunch 


Eli Snell, Southwest City, Mo. 

I'eter Doublehead, StilweU 

Youngdeer, Oaks. . . . . . 


95 

60 


Charlev <i ttin^do.vn, Stihvell. 


30 


Charley Hcndahoiit, Stihvell... 

Lincoln England, IJarron 

Oce Dew, TMhloqiiah 


Chui(> Wilson, Locustgrove 

Joe Fox, Southwest City, Mo.. 
Bill MankilUr, Stilwell 


30 
65 
30 


George Duck, .Stilwell 


I>ige Hildebrand, Zena 


90 
100 


Candv Mink, Stihvell 


Ste der S .vimner, Tahlequah. . 

Pric-e Cochran, llull>ert 

John Hicks, r,ide')n 


Wm. J . McKce, Tahlequah 

John C. Duncan, Ochelata 


75 
100 
100 


John Shirp, Tahlequah 

Dick Agent, Moodv 


James W. Duncan, Tahlequah. 

Jesse Redbird, Stihvell 

John .Silk, Maple 


75 
90 
30 


L«wis Crnpo, Canipliell 




Jas. M. Keys, I'ryor Creek .... 
Total 




-Vick Coining leer. Tahlequah.. 


4,280 
125 


Soldier Tol n, Israggs 


Jackson Ucdldrd. Stilwell 


4,405 


John Tehee, Talilequah 









Wl)er(Mij)()n, all business being completed, upon motion duly made 
and cairicd the i)ermanent council of the Eastern Cherokees in Indian 
Tcnitoiy adjourned sine die subject to call of the president. 
The foiegoing minutes of pi'oceedings are approved. 

Richard M. Wolfe, President. 
l^Avii) AlrsKRAT, First Vice-President. 
'Ji.M \luAn:n\{ Am), Second Vice-President. 
.1. IIeniiy Dick, Interpreter. 
Attest : 

Frank .1. Piocdinot, 

English Secretary. 



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